[2025:RJ-JP:51333] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.493/2025 In S.B. Criminal Revision Petition No.1928/2025 Dheeraj Kumar S/o Surajmal Verma, R/o Colonizers Cement Road, Opp. Mariyam Hospital, Ramganjmandi, District Kota (Rajasthan). (Presently Confined In District Jail Jhalawar) ----Petitioner Versus Narayan Singh S/o Moti Singh, R/o Kumbhkot, Tehsil Ramganjmandi, District Kota (Rajasthan). ----Respondent For Petitioner(s) : Mr. Nitin Kumar Sharma For Respondent(s) : HON'BLE MR. JUSTICE ANAND SHARMA Order 18/12/2025 1. Heard on application for suspension of sentence. 2. It is submitted by learned counsel for the petitioner that the petitioner is already in custody pursuant to another criminal case. It is submitted that on complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881 after trial, the learned trial Court convicted the petitioner for the aforesaid offence and awarded sentence of simple imprisonment of one year with compensation of Rs.6,00,000/- was imposed upon the petitioner by the Court of Additional Chief Judicial Magistrate, Ramganj Mandi, District Kota (Raj.) [2025:RJ-JP:51333] (2 of 3) [SOSA-493/2025] (hereinafter to be referred as 'the trial Court') vide judgment dated 22.08.2023. 3. The judgment of the trial Court was unsuccessfully challenged by the petitioner before the learned Appellate Court and the learned Appellate Court also maintained the judgment passed by the learned trial Court vide order dated 23.09.2025. 4. Learned counsel for the petitioner submits that both the learned Courts below have committed serious error of law and jurisdiction by not appreciating the fact that the cheque in question was never issued by the petitioner for discharge of legal liability. Learned counsel also submits that the petitioner is ready and willing to deposit 30% of the compensation amount. Therefore, it is prayed that during pendency of the revision petition, sentence imposed upon the petitioner by the trial Court and confirmed by the Appellate Court be suspended. 5. Perused the impugned judgments as well as the record of the learned Courts below. 6. In view of above, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to the accused-petitioner, namely; Dheeraj Kumar S/o Surajmal Verma by the learned trial Court and confirmed by the learned Appellate Court shall remain suspended during pendency of the revision petition, subject to deposition of 30% of the compensation amount by way of Demand Draft in favour of respondent-complainant by the petitioner as well as on furnishing personal bond of Rs.1,00,000 as well as two sureties each of the like amount subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on [2025:RJ-JP:51333] (3 of 3) [SOSA-493/2025] 30.01.2026 and thereafter, as and when he is called upon to do so. It is made clear that bail bonds of the petitioner shall be accepted only on deposition of 30% of the compensation amount in favour of the complainant and on submitting application by complainant, same shall also be handed over by the trial Court to the complainant. (ANAND SHARMA),J DIVYA /71