Vijay vs Hemendra Singh

Gajendra Singh, J

Heard on admission.

The petition is admitted for final hearing.

Also heard on IA No.4382/2026 which is first application under section 438(1) of the BNSS, 2023 seeing suspension of sentence on behalf of petitioner.

This criminal revision is preferred against the judgment dated 26.03.2026 whereby the appellate court has dismissed the appeal and affirmed the judgment dated 05.12.2025 in SCNIA No.919/2023 by the J.M.F.C. Ujjain, convicting the petitioner under section 138 of the Negotiable Instrument Act, 1881 sentenced to undergo RI for 02 months with fine of Rs.3,54,000/- with default stipulation of 01 months RI.

Counsel for the petitioner submits that the learned both the Courts below have committed error of lawn in conviction and sentencing the petitioner. The petitioner is ready to deposit entire of the compensation amount. The petitioner has every hope of success in this revision. The final hearing of this revision will likely to take long time, hence considering the short sentence the same be suspended and the appellant be released on bail.

Considering the facts and circumstances of the case and the arguments advanced by the counsel for the petitioner and in view of the finding in para no.23 of the judgment that the petitioner is suffering from serious ailment and the fact that final hearing of the case will take sufficient time, without commenting on the merit of the case, the application is allowed and it is directed that the execution of remaining jail sentence passed against the petitioner shall remain suspended subject to deposit compensation amount i.e. Rs.3,54,000/- and he be released on bail upon his 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 16.09.2026 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this revision.

List in due course.