Rajasthan High Court - Jodhpur
Anand Prakash vs State Of Rajasthan on 14 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1430/2022
Anand Prakash S/o Shri Manak Lal Panwar, Aged About 33 Years,
R/o Vill. Rathanjna Dist. Pratapgarh (At Present Lodged In Dist.
Jail Pratapgarh)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Umesh Kumar S/o Shri Radhe Shyam, B/c Suthar R/o
Amlawad Tehsil And Dist. Pratapgarh
----Respondents
For Petitioner(s) : Mr. Kaluram Bhati
For Respondent(s) : Mr. Javed Gouri - PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
14/12/2022
The present revision petition is reported to be filed belatedly.
Since the petitioner is taken into custody on 28.10.2022 and
the petition came to be submitted before this Court on
16.11.2022, and no challenge has been made to the judgment
dated 05.10.2021, therefore, there is no delay in filing the
petition. The defect is directed to be removed.
The application under Section 5 of the Limitation Act is
disposed of. The revision petition be treated within limitation.
The instant revision petition has been preferred in the matter
arose out of judgment of conviction dated 03.01.2020 passed by
learned Additional Chief Judicial Magistrate, Pratapgarh in Criminal
Regular Case No.95/2018 and judgment dated 05.10.2021 passed
in Appeal No. 18/2020 by learned Sessions Judge, Pratapgarh
(2 of 3) [CRLR-1430/2022]
whereby, the petitioner was supposed to pay the agreed amount
before 10.12.2021 but he failed to do so and, therefore, he was
taken into custody to serve the remainder part of the sentence
vide order dated 28.10.2022. The petitioner made challenge to his
custody.
Heard learned counsel for the parties and perused the
material available on record.
What is emanating from the record available with the file is
that the petitioner was tried for an offence under Section 138 of
the Negotiable Instrument Act and vide judgment of conviction
and order of sentence dated 03.01.2020, he was found guilty and
sentenced to serve one month's simple imprisonment with a fine
of Rs. 1,00,000/- with default clause.
The said judgment was assailed by the petitioner by way of
filing an appeal before the learned Sessions Judge. During the
course of proceedings of appeal, the parties entered into a
compromise and as per the agreed condition, out of a total sum of
Rs.72,500/-, the petitioner paid Rs.15,000/- on the very same day
and second installment of Rs. 25,000/- was supposed to be paid
by him till 15.11.2021 and the last installment of Rs. 32,500/- was
to be paid on 10.12.2021. Since the petitioner failed to deposit the
second and third installments of Rs. 25,000/- and Rs. 32,500/-
respectively (a total sum of Rs. 57,500/-), therefore, the
proceeding was rejuvenated and on 28.10.2022, he was taken into
custody and sent to jail to serve the sentence.
Considering the submissions that the petitioner is a very
poor person having no sufficient means and that owing to the
financial hardship, he failed to deposit the agreed amount but he
intends to discharge the liability, a lenient view is required to be
(3 of 3) [CRLR-1430/2022]
taken and in the interest of justice, one more opportunity is
granted to him.
Accordingly, the present criminal revision petition is allowed.
The petitioner is directed to be released on bail upon furnishing a
personal bond of Rs. 25,000/- and one surety of like amount with
the undertaking that he will pay Rs. 25,000/- to the complainant
through the Court within a period of one month from his date of
release and the remainder amount of Rs. 32,500/- shall be paid by
him within the next five months from the date of his release.
Thus, the entire amount has to be paid within a period of six
months of his actual release. After compliance and expiry of six
months, the bail bonds stand automatically stand cancelled.
It is made clear that if the petitioner fails to comply with the
directions issued by this Court within the stipulated period, the
judgment of conviction and order of sentence dated 03.01.2020
shall be revived and the learned trial court shall issue warrant of
arrest to send the petitioner to jail for the purpose of serving
remaining part of the sentence.
The application for suspension of sentence No.463/2022
stands disposed of.
(FARJAND ALI),J
153-AK Chouhan/-
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