Madhya Pradesh High Court
Surendra Kumar Sharma vs Smt. Vaishali on 30 September, 2022
Author: Sheel Nagu
Bench: Sheel Nagu
1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 3792 of 2022 (SURENDRA KUMAR SHARMA Vs SMT. VAISHALI) Dated : 30-09-2022 Shri P.C. Paliwal, learned counsel for petitioner.
Let record of Courts below be requisitioned. List the case after receipt of the record of courts below. Heard on I.A. No.18465/2022 - an application for suspension of sentence and grant of bail.
This revision is directed against the judgment dated 07.09.2022 passed by Sessions Judge, Chhindwara, District Chhindwara (M.P.) in Criminal Appeal No.17/2022 whereby conviction of petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, as recorded by the Judicial Magistrate, First Class, Chhindwara vide judgment dated 13-01-2022 passed in Registration No.SCNIA/99/2018 (CNR No.MP28010011502018) and the consequent sentence of R.I. for one year and to pay compensation of Rs.89,52,503/- with default stipulation, were affirmed.
It is submitted by learned counsel for the petitioner that there is no possibility of the revision coming up for final hearing in the near future, hence, the petitioner may be benefited by suspension of sentence.
In view of the above, awaiting admission, it is directed that the execution of remaining jail sentence awarded to petitioner - Surendra Kumar Sharma shall remain suspended during pendency of this revision and he shall be released on bail subject to his depositing with the Trial Court half the amount of cheque after adjusting the amount already deposited by way of a bank guarantee or fixed deposit latest by 31/10/2022 and furnishing a personal bond in the 2 sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of trial Court for his appearance before that Court first on 27.10.2022 and on such further dates as may be fixed by the said court in this regard till disposal of this revision.
In case, petitioner is found absent on any date fixed by the concerned Trial Court then the said Trial Court shall be free to issue and execute warrant of arrest for securing his presence without first referring the matter to this Court, provided the Registry of this Court be kept informed.
I.A. No.18465/2022 stands allowed in above terms. Certified copy as per rules.
(SHEEL NAGU) JUDGE DV Digitally signed by DINESH VERMA Date: 2022.09.30 18:58:24 +05'30'