HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.600/2024 in S.B. Criminal Revision Petition No. 2153/2024 Ramdev Kadiwal S/o Kheem Singh, Aged About 36 Years, Resident Of Kadiwal Mohalla Mewari Gate Bahar Beawer District Ajmer (Raj) (At Present Confined At Central Jail Ajmer) ----Petitioner Versus 1. State Of Rajashtan, through P.P. 2. Prakash Cahnd Sahu S/o Shri Champalal Ji, Resident Of Kadiwal Mohalla Mewari Gate Bahar Beawer District Ajmer (Raj) ----Respondents For Petitioner(s) : Mr. Peush Nag For Respondent(s) : Mr. Vijay Singh Yadav, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA Order 15/01/2025 1. This application for suspension of sentence has been filed by the accused-applicant/petitioner in connection with his conviction and sentence for offence under Section 138 of the Negotiable Instruments Act. 2. Learned counsel for the petitioner submits that the cheque in regard to which the complaint filed by the complainant/respondent that is cheque No.176096 of Uco Bank was given by the accused- petitioner to one Hemraj S/o Gopichand for some debt liability. However, the present complainant has taken the cheque from (2 of 3) [SOSR-600/2024] Hemraj and filed this complaint. He further submits that there was no debt liability as regards the present complaint. He further submits that a criminal complaint has also been filed by the petitioner against the present complainant in this regard. 3. Learned counsel further submits that the accused-petitioner was on bail during trial as well as during pendency of the appeal and he did not misuse the liberty of the same in any manner. Learned counsel also submits that the petitioner is a Helper working at a shop and therefore, he is a poor person and is not in a position to deposit the whole amount as ordered by the Court below. 4. Considered the submissions made by learned counsel for the petitioner as well as learned Public Prosecutor and also perused the record alongwith observations of the learned trial Court in the light of evidence available on record. 5. Having considered the submissions made by learned counsel for the petitioner as well as the issues raised and considering the status of petition and findings of the Courts below in the light of the record, this Court feels that it is a fit case to suspend the sentence awarded to the accused-applicant/petitioner. 6. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to the accused-petitioner, namely, Ramdev Kadiwal S/o Kheem Singh shall remain suspended provided he furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court to the effect that he shall appear before the Registrar (Judl.) on (3 of 3) [SOSR-600/2024] 17.02.2025 and further on subsequent date(s) as and when called upon to do so till the disposal of the appeal on the conditions as follows:- i) After release of the accused appellant, he shall not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. ii) He will appear before the trial Court in the month of December every year till the appeal is decided. iii) If the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court. iv). Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court. v) He shall deposit 50% of the amount as directed by the learned trial Court. 7. A copy of this order be sent to learned trial Court through e- mail. (GANESH RAM MEENA),J Ashish Kumar /47