Subhash vs Dena Bank Head Office Mumbai And Others

Records of the courts below has been received.

Issue fresh notice to the respondent on payment of process fee within a period of seven days by both modes.

Notice be made returnable within two weeks.

Heard on I.A. No.5806/2020, which is an application for condonation of delay filed under Section 5 of Limitation Act, 1963.

As per office report there is a delay of 483 days in filing the criminal revision.

On due consideration, the aforesaid I.A. is allowed. The delay in filing the criminal revision is hereby condoned.

Also, heard on I.A.No.4178/2020, which is an application for suspension of sentence and grant of bail to the applicant.

The revision has been preferred by the applicant against judgment dated 23.07.2018 passed by learned First Additional Sessions Judge, Burhanur (MP) in Criminal Appeal No.94/2017, whereby the learned Appellate Court has affirmed the judgment and conviction order dated 26.04.2017 in Criminal Case No. 644/2016 passed by JMFC, Burhanpur, (MP).

T he applicant has been convicted for commission of an offences punishable under Section 138 of the Negotiable Instruments Act and awarded R.I. for one year with  fine/compensation of Rs.8,43, 923/- and Section 359 of Cr.P.C. with default stipulation.

As  per  prosecution  case,  applicant-accused  issued  two  cheques bearing Cheque No.337006 dated 11.12.2015 of Rs.4,51,287/- and Cheque No.337007 dated 11.12.2015 of Rs.2,72,595/- to the complainant bank but their cheque is dishonoured. Thereafter, complainant gave statutory notice but applicant-accused did not deposit the cheque amount though complainant filed criminal complaint under Section 138 of Negotiable Instruments Act.

Learned counsel for the applicant submits that the applicant is in jail since 23.07.2018. He further submits that both parties are ready to compromise the matter. He also submits that applicant is ready to deposit Rs.5,00,000/- before the trial Court. There are fair chances to succeed in the case. Revision is of the year 2020 and revision will take time for its final disposal due to pandemic COVID-19. If the applicant is not released on bail, the purpose of filing this application will be frustrated. Therefore, the application filed on behalf of the applicant may be allowed and execution of his jail sentence may be suspended and he may be released on bail.

Considering the facts and circumstances of the case and the facts that this revision is of the year 2020 and its final disposal will take time due to COVID-19, applicant is in jail since 23.07.2018 and he is ready to deposit Rs.5,00,000/- before the trial Court, but without expressing any opinion on the merits of the matter, I.A.No. 4178/2020 is allowed and it is directed that subject to depositing of Rs.5,00,000/- before the trial Court the execution of applicant's jail sentence is hereby suspended. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) along with one solvent surety in the like amount to the satisfaction of the trial Court. It is made clear that the amount so deposited by the present applicant shall not be disbursed without leave of the Court.

The applicant-Subhash shall appear and mark his presence before the trial court on 12.10.2019 and shall continue to do so on all such future dates, as may be given in this behalf, during pendency of the matter.

List in the week commencing 14.09.2020.