Kamal Kishor vs State Of Rajasthan
2022 Latest Caselaw 14949 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

...

S.B. Criminal Revision Petition No. 1557/2022

Kamal Kishor S/o Satyanarayan Sharma, Aged About 39 Years, R/o Opposite Balaji Nagar Street Gulamandi District Bhilwara.

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Rakesh S/o Jagdish Chandra, R/o Agarwal Electric Works Near M.M.B. Sweets Bajar No. 02 District Bhilwara.

----Respondents

For Petitioner(s) : Ms. Shobha Prabhakar. For Respondent(s) : Mr. Mohd. Javed Gouri, PP.

HON'BLE MR. JUSTICE FARJAND ALI Order

19/12/2022

Heard.

Admit. Issue notice. Call for the record.

Learned Public Prosecutor appears for the respondent No.1.

(State of Rajasthan). Thus, notice be issued to the respondent

No.2 only.

Heard learned counsel for the petitioner and the learned

Public Prosecutor on application seeking suspension of sentence

(S.B. Criminal SoS Application No. 495/2022). Perused the

judgments impugned and the record.

Learned counsel for the accused-petitioner submits that the

petitioner is ready and willing to pay the entire cheque amount,

i.e., Rs. 48,000/-. The petitioner has been convicted for the

offence under Section 138 of the NI Act and sentenced to undergo

six months' simple imprisonment vide judgment dated 24.02.2020

passed by learned Special Judicial Magistrate, (N.I. Act Cases)

(2 of 2) [CRLR-1557/2022]

No.1, Bhilwara in Criminal Regular Case No. 10570/20145

(130/2008) (CIS No. 10570/2014) which has been affirmed vide

Judgment dated 15.10.2022 passed by learned Additional

Sessions Judge No. 3, Bhilwara upon an appeal (Criminal Appeal

No. 674/2020) and presently he is in custody.

Per contra, learned Public Prosecutor has vehemently

opposed the prayer regarding suspension of sentence.

Without commenting upon the merits of the case, having

considered the totality of facts and circumstances of the case,

looking to the short sentence, I deem it just and proper to

suspend the sentence awarded to the accused-petitioners.

Accordingly, the bail application for suspension of sentence is

allowed and it is ordered that the sentence passed by learned

Special Judicial Magistrate (N.I. Act Cases) No. 1, Bhilwara vide

judgment dated 24.02.2020 in in Criminal Regular Case No.

10570/2014 (130/2008) (CIS No. 10570/2014) and affirmed by

the learned Additional Sessions Judge No. 3, Bhilwara vide

judgment dated 15.10.2022 passed in Criminal Appeal No.

64/2020 against the accused-petitioner Kamal Kishor S/o

Satyanarayan Sharma shall remain suspended till final disposal of

present revision petition provided he executes a personal bond in

the sum of Rs.1,00,000/- along with two sureties of Rs. 50,000/-

each to the satisfaction of the Trial Court for his appearance in this

Court on 30.01.2023 and as and when called upon to do so as

well he shall pay a sum of Rs.48,000/- to the complainant through

the Trial Court.

(FARJAND ALI),J 319-Mohan/-

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