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2026 DAILYLAW 7780 (RAJ)

SANJAY SON OF LAXMAN v. UCO BANK

SOSR/262/2026 · 2026-05-22

Uma Shanker Vyas

body2026

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Suspension of Sentence Application No. 262/2026 In S.B. Criminal Revision Petition No. 1090/2024 Sanjay Son of Laxman, Aged About 32 Years, Resident of Mahadev Wali Dhani, Village and Post Bhandarej, Tehsil and District Dausa (Raj). ----Petitioner Versus UCO Bank, Head Office 10 Vipalvi Trelokya Maharaj Sarni, Kolmata, Branch Naya Katla, Dausa, Tehsil Dausa, District Dausa, Rajasthan Through Chief Manager. ----Respondent For Petitioner(s) : Mr. Anil Jain, Adv. For Respondent(s) : HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 22/05/2026 Heard learned counsel for the petitioner on the second application for suspension of sentence. The revision petition has been filed against the order dated 16.01.2023 passed by the learned trial Court in Criminal Case No.603/2019, 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.3,50,000/- and in default of payment of fine, to further undergo four months' simple (2 of 3) [SOSR-262/2026 IN CRLR- 1090/2024] imprisonment. 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. The first suspension of sentence application, i.e. SB Criminal Misc. Suspension of Sentence Application No.344/2024, was dismissed by this Court vide order dated 27.03.2026 on the premise that compliance of Rule 323 of the Rajasthan High Court Rules 1952 has not been made. Now, the accused-petitioner has surrendered before the learned trial Court and a fresh certificate to this effect has been filed in this case. Learned counsel for the accused-petitioner submits that the accused-petitioner was on bail during trial as well as during pendency of the appeal and 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 second application for suspension of sentence is allowed. The sentence of the accused-applicant namely, Sanjay Son of Laxman is suspended till final disposal of the revision petition, provided he deposits a sum of Rs.10,000/- by way of Demand Draft in the name of complainant/respondent 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 (3 of 3) [SOSR-262/2026 IN CRLR- 1090/2024] before this Court on 23.06.2026 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/93