Jethmal vs State
2021 Latest Caselaw 12236 Raj

(1 of 2) [CRLMP-1073/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1073/2020

Jethmal S/o Sh. Om Prakash Tated, Aged About 41 Years, R/o 106, Samta Nagar, Bikaner, Prop. M/s Jethmal And Sons, Address Shop No. S-3, New Anaj Mandi, Ganganagar Road, Bikaner.

----Petitioner Versus

1. State, Through PP

2. Smt. Rajeshwari W/o Gopi Chand Bishnoi, Prop. M/s Dhayal Tradors, 253 New Anaj Mandi, Bikaner.

----Respondents

For Petitioner(s) : Mr. Shyam Sunder Khatri For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

05/08/2021

The petitioner herein was convicted and sentenced for

offence under Section 138. N.I. Act vide judgment dated

13.09.2019 passed by learned trial court. Aggrieved thereby, the

petitioner preferred an appeal alongwith application under Section

389 Cr.P.C. for suspension of sentences before learned Sessions

Judge who vide order dated 11.11.2019 suspended the sentences

awarded to the petitioner by the learned trial court and released

him on bail subject to depositing 20% of the compensation

amount. However, as the petitioner could not deposit the said

amount within the stipulated time, the petitioner was arrested and

sent to judicial custody vide order dated 03.03.2020. The

application seeking extension of time for depositing the amount

has also been rejected vide order dated 04.03.2020.

(2 of 2) [CRLMP-1073/2020]

Now a report through email has been received from the

court of Addl. Sessions Judge No.5, Bikaner as per which, the

appeal (No.11/2019) preferred by the petitioner against his

conviction has been allowed on the basis of a compromise arrived

at between the parties and he has been acquitted of the charge

under Section 138 of the N.I. Act.

In this view of the matter, nothing survives for consideration

of this Court in this misc. petition, which is disposed of as

infructuous. The stay application is also disposed of.

(SANDEEP MEHTA),J

13-/Sudhir Asopa/Devesh/-

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