Premchand Khatiq vs Sanket
2023 Latest Caselaw 6000 Raj

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Applilcation No.254/2023 IN

S.B. Criminal Revision Petition No. 938/2023

Premchand Khatiq S/o Bheru Lal, Aged About 40 Years, R/o Bhadesar Road, Lasdawan, Tehsil Nimbahera, District Chittorgarh (Raj.)

----Petitioner Versus

1. Sanket S/o Magniram, Aged About 30 Years, R/o Goverd-

han Nagar Nimbahera, District Chittorgarh.

2.       State Of Rajasthan, Through Pp
                                                                ----Respondents


For Petitioner(s)         :    Mr. R.K. Charan
For Respondent(s)         :    Mr. Mukhtiyar Khan, P.P.



              HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

17/08/2023

The instant application for suspension of sentence has been

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

07.12.2021 passed by the learned Additional Sessions Judge, No.1

Nimbahera, District Chittorgarh in Criminal Case No.687/2018,

whereby he was convicted and sentenced to suffer imprisonment

of 6 months under Section 138 of the N.I. Act alongwith a fine of

Rs.1,50,000/-.

Learned counsel for the petitioner submits that the

learned trial court as well as the learned appellate court has com-

mitted an error of law in appreciating the evidence brought on

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record, therefore, the material would be required to be appreci-

ated again. The petitioner was on bail during trial and during the

course of appeal. Hearing of the revision petition would likely take

long time. He further submits that the petitioner is ready

and willing to deposit a sum of 20,000/- out of the cheque

amount with the trial court.

Learned Public Prosecutor and learned counsel for the

complainant opposed the application for suspension of sentence.

Upon consideration of the grounds raised in the memo

of the revision, looking to the totality of facts and circumstances

of the case, more particularly the facts that the total cheque

amount was Rs.1,00,000/- out of which he has paid Rs.30,000/-

and now he is willing to deposit a sum of Rs.20,000/- from

the fine amount with the trial court; he was on bail during the

course of trial and the hearing of revision is likely to take further

more time and considering the overall submissions while refraining

from passing any comments on the niceties of the matter and the

defects of the prosecution as the same may put an adverse effect

on hearing of the revision, this court is of the opinion that it is a fit

case for suspending the sentence awarded to the accused-peti-

tioner.

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 Sessions Judge,

No.1 Nimbahera, District Chittorgarh in Criminal Case

No.687/2018 against the petitioner-applicant Premchand Khatiq S/

o Bheru Lal shall remain suspended till final disposal of the afore-

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

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condition that he shall deposit a sum of Rs.20,000/- out of

the total fine amount of Rs.1,50,000/- with the trial court

and provided he executes a personal bond in the sum of

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

tion of the learned trial Judge for his appearance in this court on

19.09.2023 and whenever ordered to do so till the disposal of the

revision on the conditions indicated below:-

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

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

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

(FARJAND ALI),J 243-Samvedana/-

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