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2026 DAILYLAW 7087 (RAJ)

VINAY KUMAR S/O RATANLAL v. PRADEEP SINGH S/O BHAWAR SINGH

SOSR/225/2026 · 2026-05-07

Uma Shanker Vyas

body2026

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.225/2026 In S.B. Criminal Revision Petition No. 850/2026 Vinay Kumar S/o Ratanlal, Aged About 62 Years, Resident of Nagarfort Tehsil Deoli District Tonk Rajasthan (At Present Confined In District Jail, Tonk). ----Petitioner Versus Pradeep Singh S/o Bhawar Singh, Resident of Kuchalwada Tehsil Jahajpur District Bhilwara. ----Respondent For Petitioner(s) : Mr. Praveen Kumar Jain, Adv. For Respondent(s) : HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 07/05/2026 Heard learned counsel for the applicant on the application for suspension of sentence. The revision petition has been filed against the order dated 15.12.2017 passed by the learned trial Court in Criminal Case No.189/2010, whereby, the accused-applicant has been convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo two years' simple imprisonment along with fine of Rs.3,25,000/-. An appeal was preferred by the accused-applicant against the said order which was dismissed by the learned appellate Court while affirming/modifying the order of the learned trial Court. (2 of 2) [CRLR-850/2026] Learned counsel for the accused-applicant submits that the accused-applicant is presently behind the bars. Learned counsel also submits that his financial position is not sound. However, he is ready to deposit the amount as ordered by this Court. Considering the provision of Section 148 of the Negotiable Instruments Act, 1881 and facts and circumstances of the case, this application for suspension of sentence is allowed. The sentence of the accused-applicant namely, Vinay Kumar S/o Ratanlal is suspended till final disposal of the revision petition, provided he deposits a sum of Rs.25,000/- by way of Demand Draft in the name of complainant before the learned trial Court and also furnishes a personal bond of Rs.1,00,000/- with one surety of the like amount to the satisfaction of the concerned trial Court with the stipulation that he shall appear before this Court on 08.06.2026 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 before the learned trial Court to the effect that in case the revision petition is decided against him, he 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 /125