M/S Vikas Cement Agency vs State Of Rajasthan
2021 Latest Caselaw 6169 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 295/2021

                                       IN
          S.B. Criminal Revision Petition No. 1106/2021

M/s Vikas Cement Agency, Proprietor Mahavir Prasad Bermuda
S/o Shantilal Aged 60 Years Bus Stand Ke Pass, Kapren, District
Bundi (Rajasthan) (Presently Confined In Kota Central Jail)
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through PP
2.     M/s. Bajrang Lal Sureshchand And Brothers, Through
       Dinesh Jain 46, Shopping Centre, Kota
                                                                ----Respondents

For Petitioner(s) : Mr. Abhishek Bhardwaj For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

29/10/2021

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 12.10.2021 passed by the court of Additional

District Judge No. 6, Kota (the Appellate Court) in criminal appeal

No. 38/2014 CIS No. 708/2014 affirming the order dated

06.10.2012 passed by the court of Special Judicial Magistrate (NI

Act Cases) Kota (the trial court) in case No. 542/2010 by which

the petitioner has been convicted for offence/s under Section 138

(2 of 3) [SOSR-295/2021]

NI Act and sentenced to maximum term of one year

imprisonment.

4. It has been submitted by learned counsel for the

petitioner that petitioner has been sentenced to maximum one

year imprisonment for offence under Section 138 NI Act. As per

certificate under Rule 311(3) of Rajasthan High Court Rules, 1952,

the petitioner was on bail during trial and pendency of appeal. The

petitioner has surrendered after the dismissal of the criminal

appeal and now he is confined in Central Jail, Kota since

12.10.2021.

5. Learned Public Prosecutor has opposed the application

for suspension of sentence.

6. Heard learned counsel for the petitioner and scanned

the evidence available on record.

7. Taking into consideration the submissions of learned

counsel for the parties 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 Mahavir Prasad Bermuda S/o Shantilal shall remain

suspended till disposal of this revision petition, subject to the

condition that the petitioner deposits 50% of the cheque amount

in the concerned trial Court which shall be paid to the complainant

on furnishing an undertaking to the effect that in case the

petitioner succeeds in the petition, the complainant will return the

(3 of 3) [SOSR-295/2021]

amount so received by him along with interest @ 6% per annum

from the date he received the amount. On depositing the amount

as specified hereinabove, the petitioner be released on bail

provided the petitioner furnishes a personal bond of Rs. 50,000/-

(Fifty Thousand) and two sureties of Rs.25,000/- (Twenty Five

Thousand) each to the satisfaction of the learned trial Court for his

appearance in this Court on 29.11.2021 and as and when called

upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /28

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