HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.283/2025 IN S.B. Criminal Revision Petition No. 1243/2025 Shri Omprakash Soni S/o Sh. Rameshwar Lal Soni, R/o Gali No. 4, Baldev Ka Kuan Vigyan Nagar, Ajmer (At Present In Central Jail Ajmer) ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Smt. Teeji Devi W/o Sh. Sitaram, R/o Plot No. 33, Vigyan Nagar, Adarsh Nagar Ajmer. ----Respondents For Petitioner(s) : Mr. R.R. Goyal, Adv. For Respondent(s) : Ms. Manju Dave, P.P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 21/07/2025 Heard learned counsel for the parties on the application for suspension of sentence. The revision petition has been filed against the order dated 06.02.2021 passed by the learned trial Court in Criminal Case No.242/2017 (247/2011), 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 6 months along with fine of Rs.1,86,000/- and in default of payment of fine, to further undergo S.I. of 2 months. An appeal was preferred by the accused against the said order which was dismissed by the learned (2 of 3) [SOSR-283/2025 in CRLR- 1243/2025] 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 appeal and presently he is behind the bars and his financial position is not sound. However, he is ready to deposit the amount as may be ordered by this Court. I have perused the relevant provisions of law. Section 148 of the Negotiable Instruments Act, 1881 provides that in an appeal by drawer against conviction under Section 138, the appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the learned trial Court. Thus, it is clear that in appropriate cases, this amount can be more than 20%. Considering the facts and circumstances of the case, this application for suspension of sentence is allowed. The sentence of the accused-applicant namely, Shri Omprakash Soni S/o Sh. Rameshwar Lal Soni is suspended till final disposal of the revision petition, provided he deposits a sum of Rs.40,000/- 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 25th August, 2025 and thereafter as and when called upon to do so. (3 of 3) [SOSR-283/2025 in CRLR- 1243/2025] 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 /31