(1.) Heard on I.A.No. 7832/2023, which is an application filed under Sec. 397 of the Cr.P.C.at the instance of the petitioner.
(2.) The present petitioner has been convicted for offence punishable under Sec. 409 of the IPC and sentenced to undergo 03 years RI with fine of Rs.10,000.00with default stipulation by judgment dtd. 22/7/2022 passed by JMFC, Sitamau, District-Mandsaur (MP) in Criminal Case No.02/2004. The aforesaid judgment has been affirmed by learned Sessions Judge, Mandsaur, District-Mandsaur (MP) in Criminal Appeal No.6437/2022 vide judgment dtd. 15/5/2023.
(3.) Counsel for the petitioner has submitted that the entire amount of defalcation has already been deposited by the petitioner. Hence, counsel for the petitioner prays for suspension of jail sentence.