Subhash vs Dena Bank Head Office Mumbai And Others

Heard on I.A.No.9591/2020 which is an application for taking documents on record.

I.A.No.9591/2020 is allowed. Documents are taken on record.

Also heard on I.A.No.5807/2020, which is an application under section 5 of the Limitation Act.

The applicant at present is in custody. Earlier revision petition was filed which was dismissed on account of non-maintainability because the applicant filed the revision without surrender for suffering the jail sentence.

Looking to the aforesaid facts and circumstances, I.A.No.5807/2020 is allowed. Delay in filing the revision is condoned.

Also heard on admission

Revision is admitted for hearing.

Also heard on I.A.No.4169/2020 filed by the applicant / accused under section 397 (1) of Cr.P.C. for suspension of his jail sentence.

This revision has been filed under section 397/401 of the Cr.P.C. against the judgment of conviction and sentence dated 18.7.2018 passed by the Court of I Additional Sessions Judge, Burhanpur, District Burhanpur in Criminal Appeal no.92/2017 arising out of judgment of conviction and sentence dated 26.4.2017 passed by J.M.F.C. Burhanpur in Criminal Complaint Case No.646/2016 whereby the applicant has been convicted under section 138 of the Negotiable Instruments Act and sentenced to R.I. for 1 year, along with fine of Rs.8,61,902/-, with default stipulation.

Learned counsel for the applicant submitted that the applicant is in custody since 19.12.2019. There is a compromise entered into between the parties in the case and the learned counsel appearing on behalf of the respondent admitted that the parties have amicably settled the matter out of court and the amount has been received and in this regard letter of the respondent Bank, annexure A/4 has been filed by the applicant. If the sentence is not suspended, this revision will be futile. Further, the disposal of the revision will take time, hence, he be enlarged on bail by suspending the jail sentence.

Having heard the contentions of learned counsel for the applicant and in view of the compromise entered between the parties, I.A.No.4169/2019 is allowed. It is ordered that execution of jail sentence of applicant Subhash Chouhan shall remain suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.40,000/- with one solvent surety in the like amount to the satisfaction of the trial court for his appearance before the trial court on 15.12.2020 and thereafter, on all such subsequent dates as may be fixed by that court in this regard.

In case, the applicant is found absent on any date fixed by the trial court, then the trial court shall be free to issue and execute warrant of arrest without referring the matter to this Court, provided the Registry of this Court is kept informed.

Learned counsel for the applicant submitted that this case be referred to the coming Lok Adalat for settlement. However, there is no application filed by the parties for compounding of the offence.

In the circumstances, if the application for compounding of the offence is filed by the parties, the revision be listed before coming Lok Adalat for consideration of the compromise, else be listed for final hearing as per its turn.

CC as per rules.