HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. II Suspension of Sentence Application No.182/2025 IN S.B. Criminal Revision Petition No.320/2025 1. Gauri Sari Collection, Through M/s Pahanawa, Shop No. L.g S. R 4, Navjeevan Plaza, Near Sarawagi Mansion Jaipur Through Owner Vivek Mittal 2. Vivek Mittal S/o Unknown, Owner M/s Gouri Saree Collection R/o 4856, Third Crossing, Sotiya Ke Mohalla, Kundigar Bhairuji Ka Rasta, Johari Bazar Jaipur ----Petitioners Versus 1. State Of Rajasthan, Through P.p 2. Surendra Kumar Tahalyani Son Of Late Shri Gullumal, R/o Plot No. 807-C, Ashok Chowk, Adarsh Nagar, Jaipur. ----Respondents For Petitioner(s) : Mr. Ramswaroop Meena, Adv. For Respondent(s) : Ms. Manju Dave, P.P. Mr. Vinod Kumar, Adv., with Mr. Raj Kumar Tongawat, Adv. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 20/05/2025 Heard learned counsel for the parties on the second application for suspension of sentence. The revision petition has been filed against the order dated 01.09.2021 passed by the learned trial Court in Criminal Case No.196/2019, whereby, the accused-petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo Simple Imprisonment (S.I.) of one year along with fine of Rs.4,60,000/- and in default of payment of fine, to further undergo S.I. of one month. 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. (2 of 2) [2nd SOSR-182/2025 in CRLR- 320/2025] Learned counsel for accused-petitioners submits that the accused-petitioner was on bail during trial as well as during pendency of the appeal and he 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 second application for suspension of sentence is allowed. The sentence of the accused-applicants namely, 1.Gauri Sari Collection, Through M/s Pahanawa & 2.Vivek Mittal S/o Unknown is suspended till final disposal of the revision petition, provided accused-petitioner No.2 deposits a sum of Rs.1,00,000/- 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 23rd June, 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 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 DANISH USMANI /05