Rajasthan High Court - Jodhpur
Jamnashankar vs The Udaipur Mahila Samridhi Urban ... on 13 December, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Criminal Revision Petition No. 97/2019
Jamnashankar S/o Shri Saligram Sanadhyay, aged about 56
years, Resident of House No. 42, Laxmi Marg, Amal Ka Kanta,
District Udaipur (Raj.)
----Petitioner
Versus
1. The Udaipur Mahila Samridhi Urban Co-Op. Bank Ltd.,
Registered Office Town Hall Branch, Maldas Street,
Udaipur through Manager S.S. Babel Resident of Udaipur
Rajasthan.
2. The State of Rajasthan
----Respondents
For Petitioner(s) : Mr. Rakesh Arora
For Respondent(s) : Mr. Gaurav Singh, P.P.
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
13/12/2021
The petitioner has been convicted and sentenced as below
vide Judgment dated 18.10.2012 passed by Special Judicial
Magistrate, N.I. Act Cases No. 1, Udaipur in Criminal Regular Case
No. 319/2012 as affirmed by the Additional Sessions Judge
(Women Atrocities Cases), Udaipur vide Judgment dated
09.01.2019 passed in Criminal Appeal No. 48/2017 :-
Offence Sentences Fine Fine Default
sentences
u/s 138 of NI 6 months SI Rs.4,00,000/- 6 months SI
Act
The petitioner has moved this application under Section
397(1) of Cr.P.C. seeking suspension of sentences awarded to him
by the trial court and affirmed by the appellate court.
(2 of 3) [CRLR-97/2019]
Heard learned counsel for the petitioner and learned public
prosecutor on the application for suspension of sentence.
Learned counsel for the petitioner submits that in compliance
of the Order dated 15.11.2021 passed by this Court, the petitioner
has surrendered himself before the trial court on 29.11.2021 and
has been sent to judicial custody. He further submits that there is
no other case pending against the petitioner. The petitioner has
been convicted under Section 138 of the Negotiable Instruments
Act and sentenced to 6 months simple imprisonment. He further
submits that the petitioner has valid and substantial grounds to
assail impugned judgments of conviction. He, therefore, prays to
allow this application for suspension of sentence and to release
the petitioner on bail.
Learned Public Prosecutor has opposed the bail application.
Upon a consideration of the arguments advanced on behalf
of the petitioner and having regard to the facts and circumstances
of the case, this Court is of the opinion that it is a fit case for
suspending the substantive sentence awarded to the accused-
petitioner.
Accordingly, the application under Section 397(1) of Cr.P.C.
for suspension of sentence is allowed and it is ordered that the
substantive sentence passed by the Special Judicial Magistrate,
N.I. Act Cases No. 1, Udaipur vide judgment dated 18.10.2012 in
Criminal Regular Case No. 319/2012 and affirmed by the
Additional Sessions Judge (Women Atrocities Cases), Udaipur vide
judgment dated 09.01.2019 in Criminal Appeal No. 48/2017
against the accused-petitioner - Jamnashankar S/o Saligram
Sanadhyay shall remain suspended till the final disposal of
aforesaid revision provided he executes a personal bond in the
(3 of 3) [CRLR-97/2019]
sum of Rs.50,000/- along with two sureties in the sum of
Rs.25,000/- each to the satisfaction of the learned trial Judge for
his appearance before this court on 20.01.2022 and whenever
ordered to do so till the disposal of the revision petition.
(RAMESHWAR VYAS),J
112-Inder/-
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