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Judgment
Let record of the trial Court be called for.
Heard on I.A.No.2661/2020, an application filed under Section 5 of the Limitation Act.
The same is considered and allowed.
Heard on I.A.No.2660/2020 an application filed under Section 397 (1) of Cr.P.C. on behalf of the applicant for the stay of the impugned or4ders
passed by the Courts below.
This Criminal Revision is arising out of the judgment dated 06.12.2018 passed by the Eleventh Additional Sessions Judge, Gwalior, District Gwalior in
Criminal Appeal No.217/2018 whereby the order dated 17.05.2018 passed by the Judicial Magistrate, First Class, Gwalior, District Gwalior in Criminal
Case 2615117/2013 has been affirmed.
The applicant has been convicted under Section 138 of Negotiable Instrument Act and sentenced to under go one year rigorous imprisonment and he
has been directed to deposit an amount of Rs.11,96,000/- in default of depositing the amount, he has to undergo three months rigorous imprisonment.
Learned counsel for the applicant as well as counsel for the complainant submits that there is a possibility of compromise between the parties and
prayed to keep this statement on record.
Considering the facts and circumstances of the case and the fact that there is possibility of compromise between the parties, the I.A. No.2660/2020 is
hereby allowed and subject to the condition that if the applicant deposits 50% of the amount of fine imposed by the Courts below and furnishes
personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial Court
then he shall be released on bail with a condition that the applicant shall regularly appear before the Principal Registrar of this Court firstly on 9.7.2020
and on all such further dates as may be fixed by the registry of this Bench in that behalf.
C.c. as per rules.
