Chandra Prakash Tani vs The Jalore Central Co-Operative ...
2023 Latest Caselaw 2814 Raj

[2023/RJJD/009191]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence No.73/2023

IN

S.B. Criminal Revision Petition No. 348/2023

Chandra Prakash Tani S/o Bhanwar Lal Tani, Aged About 38 Years, R/o Bhinmal Nageshwar Enterprises, Shop No. 8, 9, 10, Jindat Plaza, Rajendra Nagar, Jalore. (Presently Lodged In District Jail, Jalore)

----Petitioner Versus

1. The Jalore Central Co-Operative Bank Limited, Sayankalin Branch, Jalore Through Branch Manager, Jugalkishore, Vyas Nai Brahmpuri, Near Rajpurohit Hostel, Jalore.

2. The State Of Rajasthan, Through Pp

----Respondents

For Petitioner(s) : Mr. Balveer Singh Rathore For Respondent(s) : Mr. Mohd. Javed Gouri, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

06/04/2023

The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

09.10.2014 passed by the learned Additional Chief Judicial

Magistrate No.2, District Jalore in Regular Criminal Case

No.330/2009 whereby he was convicted and sentenced to suffer

maximum punishment of one year simple imprisonment along

with a fine of Rs.7,40,000/-under Section 138 of Negotiable

Instruments Act.

Learned counsel for the petitioner submits that the learned

trial court as well as the learned appellate court has committed an

[2023/RJJD/009191] (2 of 4) [SOSR-73/2023]

error of law in appreciating the evidence brought on record,

therefore, the material would be required to be appreciated again.

The petitioner was on bail during trial and during the course of

appeal. Hearing of the revision petition is likely to take long time.

He further submits that the petitioner is ready and willing to

deposit a sum of Rs.2,25,000/- out of the total fine amount with

the trial court.

Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the petitioner on application for suspension of sentence.

Heard learned counsel for the parties and perused the

material available on record.

The total fine amount was Rs.7,40,000/- and the petitioner

has deposited Rs.1,20,000/- with the trial Court to be paid to the

complainant and he has paid another Rs.50,000/- to him during

the course of the proceedings and now, he is ready to pay

Rs.2,25,000/-. The submission of the learned counsel for the

petitioner that the legality and correctness of the evidence

brought on record is to be examined by this Court again because

no concrete evidence has been produced to show that the cheque

in question was delivered to the complainant for discharge of his

legal debt or liability seems to be worth considering.

Looking to the facts and circumstances of the case and

considering that the hearing of revision petition is likely to take

further more time while refraining from passing any comments on

the niceties of the matter and the defects of the prosecution as

[2023/RJJD/009191] (3 of 4) [SOSR-73/2023]

the same may put an adverse effect on hearing of the petition,

this court is of the opinion that it is a fit case for suspending the

sentence awarded to the accused-petitioner.

Accordingly, the application for suspension of sentence filed

under Section 397/401 Cr.P.C. is allowed and it is ordered that the

sentence passed by learned Additional Chief Judicial Magistrate

No.2, District Jalore in Regular Criminal Case No.330/2009 against

the petitioner-applicant- Chandra Prakash Tani S/o Bhanwar

Lal Tani shall remain suspended till final disposal of the aforesaid

revision petition and he shall be released on bail subject to the

condition that he shall deposit a sum of Rs.2,25,000/- out of the

total fine amount of Rs.7,40,00,000/- with the trial court and

provided he executes provided each executes a personal bond in

the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to

the satisfaction of the learned trial Judge for his appearance in this

Court on 08.05.2023 and whenever ordered to do so till the

disposal of the revision petition on the conditions indicated

below:-

1. That he will appear before the trial Court in the month of January of every year till the revision is decided.

2. That if the applicant change the place of residence, he will give in writing his changed addresses to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

[2023/RJJD/009191] (4 of 4) [SOSR-73/2023]

The aforementioned amount of Rs.2,25,000/- should be

deposited within a period of one month from the date of receipt of

this order and the petitioner shall furnish an undertaking to this

extent along with bail bonds at the time of his release. It is made

clear that if the amount is not paid within stipulated period then

the order shall be recalled without any reference to this Court.

(FARJAND ALI),J 195-Ashutosh/-

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