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2026 DAILYLAW 7464 (RAJ)

HEMLATA S/O KRISHAN BHARDWAJ, v. RAKESH KUMAR S/O RAMBIR SINGH,

SOSR/227/2026 · 2026-05-20

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. 227/2026 In S.B. Criminal Revision Petition No. 855/2026 Hemlata S/o Krishan Bhardwaj, Resident of Village Ujoli, Tehsil Kotkasim, District Alwar (Raj.) At Present R/o 2/153, UIT Bhiwadi, Tehsil Tijara, District Alwar (Raj.) (At Present Confined In Central Jail Jaipur) ----Petitioner Versus 1. Rakesh Kumar S/o Rambir Singh, Resident of Milakpur Gurjar, Tehsil Tijara, District Alwar (Raj.) 2. State of Rajasthan, Through P.P. ----Respondents For Petitioner(s) : Mr. Pradeep Kumar Sharma, Adv. For Respondent(s) : Mr. Devi Singh, P.P. Mr. Swapnil Singh Patel, Adv. Ms. Shivangi Singh Patel, Adv. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 20/05/2026 Heard learned counsel for the parties on the application for suspension of sentence. The revision petition has been filed against the order dated 29.09.2025 passed by the learned trial Court in Criminal Case No.690/2019, whereby, the accused-petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo one year's simple imprisonment along with fine of Rs.7,00,000/-. An appeal was preferred by the accused 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-855/2026] Learned counsel for the accused-petitioner submits that the accused-petitioner was on bail during trial as well as pendency of the appeal and is presently behind the bars. Learned counsel also submits that his financial position is not sound. However, she 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, Hemlata S/o Krishan Bhardwaj is suspended till final disposal of the revision petition, provided she deposits a sum of Rs.1,40,000/- 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 she shall appear before this Court on 22.06.2026 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/54