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2026 DAILYLAW 8303 (RAJ)

KAMAL KUMAR FALOD SON OF MAHESH FALOD v. STATE OF RAJASTHAN

SOSR/246/2026 · 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.246/2026 In S.B. Criminal Revision Petition No. 917/2026 Kamal Kumar Falod Son of Mahesh Falod, Aged About 36 Years, Resident of Falodo Ka Mohalla, Ward No. 10, Near Old Police Station, Ajitgarh Tehsil Srimadhopur, District Sikar, Currently Neemkathana, Rajasthan. (Presently Confined In Central Jail, Jaipur.) ----Petitioner Versus 1. State of Rajasthan, Through P.P. 2. Rakesh Kumar Naredi Son of Shri Gopalkrishna Naredi, Aged About 40 Years, Resident of Plot No. 56A, Karni Colony, Vijay Badi, Path No.7, Jaipur. ----Respondents For Petitioner(s) : Mr. Abhishek Bhardwaj, Adv. (through VC), Mr. Rishiraj Maheshwari, Adv. Mr. Ashish Kabra, Adv. Mr. Prasan Jain, Adv. For Respondent(s) : Mr. Devi Singh, P.P. 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 29.08.2024 passed by the learned trial Court in Criminal Case No.209/2016, whereby, the accused-petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments (2 of 3) [SOSR-246/2026 in CRLR-917/2026] Act, 1881 and sentenced to undergo one year's simple imprisonment along with fine of Rs.11,24,000/- and in default of payment of fine, to further undergo one month's simple 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. Learned counsel for the accused-petitioner submits that the accused-petitioner was on bail during trial 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 application for suspension of sentence is allowed. The sentence of the accused-applicant namely, Kamal Kumar Falod Son of Mahesh Falod is suspended till final disposal of the revision petition, provided he deposits a sum of Rs.2,00,000/- 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 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 (3 of 3) [SOSR-246/2026 in CRLR-917/2026] 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/55