HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No. 120/2025 In S.B. Criminal Revision Petition No. 566/2025 1. Nilesh Rawat Son of Sitaram Rawat, Proprietor Ms/ Rawat Enterprises National Kirana Store Factory Area Road, Near Jhotwara Police Station Jhotwara Jaipur (At Present In Central Jail, Jaipur) 2. Rawat Enterprises, Proprietor Nilesh Rawat National Kirana Store, Factory Area Road, Near Police Station Jhotwara Jhotwara Jaipur (At Present In Central Jail, Jaipur) ----Petitioners Versus 1. State of Rajasthan, Through PP 2. Smt. Alka Gupta Wife of Anil Kumar Gupta, Resident of 31-B, Barkat Nagar, Behind Modern Public School Tonk Phatak Jaipur ----Respondents For Petitioner(s) : Mr. Kapil Nagayach, Adv., for Mr. Pradeep Malik, Adv. For Respondent(s) : Ms. Manju Dave, P.P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 26/05/2025 Heard learned counsel for the parties on the application for suspension of sentence. The revision petition has been filed against the order dated 06.06.2023 passed by the learned trial Court in Criminal Case No.452/2022, whereby, the accused-petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments (2 of 3) [SOSR-120/2025 in CRLR-566/2025] Act, 1881 and sentenced to undergo two years simple imprisonment along with fine of Rs.2,00,000/- and in default of payment of fine, to further undergo one month's additional simple imprisonment. An appeal was preferred by the accused against the said order which was dismissed by the learned appellate Court while affirming/modifying the order of the learned trial Court. Learned counsel for the accused-petitioner submits that the accused-petitioner was on bail during trial as well as during pendency of the appeal and is presently behind the bars. Learned counsel also submits that his financial position is not sound. However, he is ready to deposit the amount as ordered by this Court. Considering the provision of Section 148 of the Negotiable Instruments Act, 1881, and facts and circumstances of the case, this application for suspension of sentence is allowed. The sentence of the accused-applicant namely, Nilesh Rawat Son of Sitaram Rawat (Proprietor of M/s Rawat Enterprises) is suspended till final disposal of the revision petition, provided he deposits a sum of Rs.20,000/- by way of Demand Draft in the name of complainant in the learned trial Court and also furnishes a personal bond of Rs.1,00,000/- with one surety of the like amount to the satisfaction of the concerned trial Court with the stipulation that he shall appear before this Court on 30.06.2025 and thereafter as and when called upon to do so. It is also ordered that the original Demand Draft shall be delivered to the complainant subject to an undertaking to be furnished by the complainant in the learned trial Court to the (3 of 3) [SOSR-120/2025 in CRLR-566/2025] effect that in case the revision petition is decided against him, he will refund the aforesaid amount along with interest @7% per annum. A copy of this order be sent to the concerned trial Court for compliance. (UMA SHANKER VYAS),J YOGESH KUMAR /53