SHRI DEVRAJ BHATI SON LATE SHRI CHAMPALAL BHATI v. STATE OF RAJASTHAN
SOSR/61/2025 · 2025-02-27
Uma Shanker Vyas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8471 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8471 (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 Suspension of Sentence Application No. 61/2025 In S.B. Criminal Revision Petition No. 318/2025 Shri Devraj Bhati Son Late Shri Champalal Bhati, Resident Of House No. 2, Navrang Nagar Chhawni Road, Oppo Jai Clinic Chhawni Road, Beawar (At Present Confined In Central Jail Ajmer) ----Petitioner Versus
1. State of Rajasthan, Through Public Prosecutor
2. Sushri Rajlaxmi Khandelwal D/o Shri Maheshchand, R/o Gopal Ji Prabhatilal Bardhana Katla Pansari Bazar Beawar ----Respondents For Petitioner : Mr. Saurabh Bhandari, Adv. For Respondents : Mr. Manvendra Singh Shekhawat, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order 27/02/2025 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-61/2025] 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, Shri Devraj Bhati Son Late Shri Champalal Bhati by Special Judicial Magistrate (N.I. Act cases), Beawar in Criminal Case No.163/2017 (CIS No.232/2018) vide judgment
(3 of 3) [SOSR-61/2025] dated 20.04.2023 and affirmed by learned appellate Court, shall remain suspended till final disposal of the revision petition, provided he deposits a sum of Rs.60,000/- 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 27.03.2025 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 /25