Anokhilal vs Prop. Manish

Gajendra Singh, J

Heard on I.A. No.2171/2026, which is an application under Section 5 of the Limitation Act seeking condonation of delay.

Considering the fact that, the revision petitioner is in custody since 13.01.2026.

For the reasons stated in the application, the same is hereby allowed. The delay of 233 days in filing the revision petition is condoned.

Also Heard on the question of admission.

Criminal revision is admitted for hearing.

Further heard on IA No.2442/2026 which is first application under Section 438 of the B.N.S.S. 2023 for suspension of sentence filed on behalf of the petitioner.

This criminal revision has been filed against the judgment dated 17.03.2025 passed in criminal appeal No.185/2024 by the learned Sixth Additional Sessions Judge, Mandsaur (M.P.), whereby the appellate court has dismissed the appeal by affirming the sentence passed by the learned J.M.F.C., Mandsaur, vide order dated 27.09.2024 in SC NIA No.944/2016 under section 138 of N.I. Act and sentenced the petitioner for 1 year R.I. with compensation of Rs.20,64,000/- with default stipulation.

Counsel for the petitioner submit that he is innocent and being falsely implicated in the case. Petitioner is ready to deposit the entire checque amount. Petitioner is in jail since 13.01.2026. The final hearing of this revision will likely to take long time, hence prays for suspension of sentence and release of the petitioner on bail till the final disposal of this revision petition.

Considering the facts and circumstances of the case, the arguments advanced by the counsel for the petitioner and the fact that the final hearing of this revision will likely to take time, IA No.2442/2026 is allowed and it is directed that the execution of sentence passed against the petitioner shall remain suspended and he be released on bail subject to his depositing the cheque amount of Rs.12,00,000/- and on also furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the trial court for his appearance before the Registry of this Court on 08.07.2026 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this revision petition. The amount, if any, deposited shall be adjusted.

Issue notice to the respondent on payment of PF within seven working days, returnable within four weeks.