DINESH BAIRWA S/O RAJENDRA BAIRWA v. STATE OF RAJASTHAN
CRLR/1758/2024 · 2025-01-03
Ganesh Ram Meena
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 31634 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31634 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:389] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 1758/2024 Dinesh Bairwa S/o Rajendra Bairwa, Aged About 25 Years, R/o Riico Industrial Area, Shanti Nagar Colony, Near Narayan Meel, Kherda, Tehsil And District Sawaimadhopur (At Present The Petitioner Is Confined In Central Jail Bharatpur) ----Petitioner Versus
1. State of Rajasthan, through PP
2. Shivyal Singh S/o Kalyan Singh, Aged About 21 Years, R/o Ganesh Nagar (A) Jatwara Khurd Tehsil And District Sawaimadhopur (Raj) ----Respondents For Petitioner(s) : Mr. Teeka Ram Meena For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 03/01/2025
1. The present criminal revision petition has been filed by the accused- petitioner under Section 438 read with Section 442 of BNSS assailing the judgment of conviction and sentence dated 11.12.2023 passed by the learned Additional Session Judge, Sawai Madhopur in Appeal No.127/2023. The petitioner has been convicted vide judgment dated 13.10.2023, passed by the learned Judicial Magistrate, Sawai Madhopur in Criminal Case No. 362/2013 (3217/14) for offence u/S 138 of Negotiable Instruments Act and has been sentenced to undergo one year simple imprisonment and was also ordered to pay compensation of Rs.4,00,000/- to the complainant and in default of payment of compensation, one months’ additional simple imprisonment.
[2025:RJ-JP:389] (2 of 2) [CRLR-1758/2024] Against the order of conviction and sentence, the present petitioner preferred an appeal before the Appellate Court alongwith an application for suspension of sentence. The learned Appellate Court vide order dated 11.12.2023, allowed the application for suspension of sentence subject to deposition of 20% of the compensation amount with the trial Court.
2. The petitioner has challenged the order dated 11.12.2023 to the extent of imposing the condition of depositing 20%.
3. After arguing at some length, counsel for the accused petitioner submits that he is ready to deposit the amount as
directed. However, since the time has already been expired, the petitioner may be allowed to deposit the aforesaid amount within further two weeks.
4. Taking into consideration the submissions made by counsel for the petitioner and in the interest of justice, the Court deems just and proper to allow further two weeks time from today to the accused petitioner to deposit the amount as directed by the Appellate Court vide order dated 11.12.2023.
5. The revision petition is disposed of as observed above.
6. Pending application(s), if any, stand disposed of.
7. Office is directed to send back the record of the trial Court.
(GANESH RAM MEENA),J GAURAV SRIVASTAVA /59