BHAWANI SINGH SON OF SHRI NARAYAN SINGH v. DILIP SINGH SHEKHAWAT SON OF SHRI MADAN SINGH
SOSR/57/2025 · 2025-02-25
Uma Shanker Vyas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8312 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8312 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.57/2025 In S.B. Criminal Revision Petition No. 310/2025 Bhawani Singh Son Of Shri Narayan Singh, Resident Of House No. 15, Jai Bhawani Vihar, Niwaru Road, Jhotwada Jaipur (Rajasthan) (At Present In Central Jail Jaipur) ----Petitioner Versus
1. Dilip Singh Shekhawat Son Of Shri Madan Singh, Resident Of House No. 16, Hanumant Nagar, Gokulpura Jaipur (Rajasthan)
2. State Of Rajasthan, Through P.P. ----Respondents For Petitioner : Mr. Digvijay Jhalani, Adv. For Respondents : Mr. Rishiraj Singh Rathore, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order 25/02/2025 Heard learned counsel for the accused- petitioner on the application for suspension of sentence. The accused-petitioner has been convicted and sentenced for simple imprisonment along with compensation for the offence u/s.138 of the
(2 of 3) [SOSR-57/2025] Negotiable Instruments Act by the learned trial Court, which has been affirmed by learned appellate Court.
Learned counsel for the accused-petitioner submits that the accused-petitioner was on bail during trial as well as appeal and he is presently behind the bars since long. Learned counsel further submits that accused-petitioner is ready to deposit the compensation, before his release in the trial Court, as ordered by this Court. Since hearing of this revision petition is likely to take time, sentence of the accused-petitioner may be suspended. Looking to the provisions of Section 148 of the Negotiable Instruments Act, without commenting upon the merits/demerits of the case and considering the submission(s) made at bar, this Court deems it just and proper to suspend the sentenced awarded to the accused.
Accordingly, the application for suspension of sentence is allowed. The sentence awarded to the accused-petitioner namely, Bhawani Singh S/o Shri Shri Narayan Singh by Special Metropolitan Magistrate (N.I.Act) No.1, Jaipur Metropolitan, Jaipur in Criminal Case No.71/2015 vide judgment dated
(3 of 3) [SOSR-57/2025] 14.11.2019 and affirmed by learned appellate Court, shall remain suspended till final disposal of the revision petition, provided he deposits a sum of Rs.20,000/- 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/- (Rupees One lac) with two sureties of Rs.50,000/- (Rupees Fifty thousand) each to the satisfaction of the concerned trial Court with the stipulation that he shall appear before this Court on 26.03.2025 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/she 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 YOGESH KUMAR/29