Madhya Pradesh High Court
Anil Kumar Parwani vs Rajkumar on 5 January, 2024
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 4201 of 2023
(ANIL KUMAR PARWANI Vs RAJKUMAR AND OTHERS)
Dated : 05-01-2024
Shri V. S. Choudhary- Advocate for the applicant.
Shri Kabeer Paul - Advocate for the respondents.
Heard on admission.
Revision is admitted for final hearing.
Record of the Court below be requisitioned.
Also heard on I.A. No.22044/2023 filed under Section 397 of Cr.P.C. for suspension of sentence and grant of bail to the applicant.
Applicant has been convicted under Section 138 of the Negotiable Instruments Act and has been sentenced to undergo R.I. for one year with fine of Rs.50,00,000/- with default stipulation.
It is submitted by learned counsel appearing for the applicant that applicant is ready to deposit 1,50,000/- more to show his bonafide. It is submitted that sentence of one year is imposed upon the applicant under Section 138 of the N.I. Act. Applicant is in jail since last four months. it is also submitted that he had earlier deposited Rs. 1,00,000/- which is 20% of the amount. In these circumstances, application may be allowed and sentence of applicant may be suspended.
Learned Govt. Advocate appearing for the respondent-State opposed the prayer for suspension of sentence.
Heard learned counsel for parties.
Applicant has earlier deposited Rs. 1,00,000/-. He is also ready to deposit Rs. 1,50,000/- which will be 50% of the amount. He is in jail for quite Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 1/6/2024 4:25:40 PM 2 some time and fixed term sentence has been imposed upon him Considering the aforesaid circumstances, I.A. No.22044/2023 is allowed.
It is hereby directed that jail sentence of applicant shall remain suspended during the pendency of this revision and applicant shall be released on bail, subject to deposit of entire fine amount, if not already deposited, and on his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court, for his appearance before the Registry on 18.03.2024 and on other dates as may be fixed in this regard by the Registry till final disposal of this revision.
List the revision for final hearing at motion stage after four weeks. Certified copy as per rules.
(VISHAL DHAGAT) JUDGE AD/ Signature Not Verified Signed by: ARVIND KUMAR DUBEY Signing time: 1/6/2024 4:25:40 PM