Amit Kumar Pareek S/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 7441 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Criminal Revision Petition No. 497/2020

Amit Kumar Pareek S/o Shri Shivshankar @ Babulal Pareek, R/o
607, Ganpati Paradise, Central Spine, Vidhyadhar Nagar, Jaipur.
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through P.P.
2.     Smt. Indu Joshi W/o Dilip Kumar Joshi, R/o B-50, Ganesh
       Marg, Bapu Nagar, Distt. Jaipur.
                                                                ----Respondents

For Petitioner(s)        :     Mr. O. P. Mishra
                               Mr. Ajay Verma
For Respondent(s)        :     Mr. Yashwant Kankhedia, PP
                               Mr. Tapasvi Vashishth



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                    Order

09/12/2021


     Heard.

     Admit.

In SOS Application No. 148/2020:-

1. Heard on application for suspension of sentence.

2. The petitioner has filed the revision petition along with

application for suspension of sentence.

3. The revision petition has been preferred against the

judgment dated 06.12.2019 passed by Additional District Judge

No. 5, Jaipur Metropolitan (the Appellate Court) in Criminal Appeal

No. 33/2019 affirming the order dated 07.09.2019 passed by the

learned Special Metropolitan Magistrate (NI Act) No. 2, Jaipur

(2 of 3) [CRLR-497/2020]

Metropolitan, Jaipur (the trial court) in Case No. 793/2018 by

which the petitioner has been convicted for offence/s under

Section 138 NI Act and sentenced to maximum term of two years

imprisonment.

4. It has been submitted by learned counsel for the

petitioner that petitioner has been sentenced to maximum term of

two years of imprisonment for offence under Section 138 NI Act

and he has already served one year and two months sentence.

Hearing of the revision petition may take considerable time.

Learned trial court as well as Appellate Court have erred in

convicting and sentencing the petitioner. The evidence on record

is contradictory. Complainant has not been able to prove his case

under Section 138 of NI Act.

5. Learned counsel for the complainant has opposed the

application for suspension of sentence. Learned counsel for the

complainant submits that the complainant is paternal aunt (bua)

of the petitioner and cheque amount is of Rs. 25 Lakh. It was the

entire saving of the complainant. Petitioner has not paid any

amount against cheques. Learned counsel further submits that

petitioner absconded and thereafter, he was arrested. Thus,

conduct of the petitioner does not support his case. Therefore, it is

requested that the application for suspension of sentence be

rejected.

6. Heard learned counsel for the parties and scanned the

evidence available on record.

7. Taking into consideration the submissions of learned

counsel for the petitioner, evidence available on record, sentence

(3 of 3) [CRLR-497/2020]

already undergone by the petitioner and overall facts and

circumstances of the case but without commenting upon merits of

the case, this Court deems just and proper to allow the application

for suspension of sentence.

8. Accordingly, the application for suspension of sentence

is allowed and it is ordered that the sentence awarded to accused-

petitioner Amit Kumar Pareek S/o Shri Shivshankar @ Babulal

Pareek shall remain suspended till disposal of this revision petition

and he shall be released on bail provided the petitioner furnishes a

personal bond of Rs. 1,00,000/- (One Lakh) and two sureties of

Rs.50,000/- (Fifty Thousand) each to the satisfaction of the

learned trial Court for his appearance in this Court on 10.01.2022

and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /72

Powered by TCPDF (www.tcpdf.org)