Amanat Ali S/O Yasin Khan vs State Of Rajasthan
2023 Latest Caselaw 333 Raj/2

Citation : 2023 Latest Caselaw 333 Raj/2
Judgement Date : 11 January, 2023

Rajasthan High Court

Amanat Ali S/O Yasin Khan vs State Of Rajasthan on 11 January, 2023

Bench: Farjand Ali

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Misc. Suspension of Sentence Application No.
                                  128/2020

                                        In

             S.B. Criminal Revision Petition No. 423/2020

Amanat Ali S/o Yasin Khan, Aged About 40 Years, B/c Musalman,
R/o Village Jabasar Via Tamkor, Th- Malsisar, Dist. Jhunjhunu
(Raj.).
                                                                    ----Petitioner
                                    Versus
1.        State Of Rajasthan, Through Public Procesutor.
2.        Nathuram @ Natharam S/o Juhararam, B/c Jat, R/o
          Village Niradhnu, Th- Malsisar, Dist. Jhunjhunu (Raj.).
                                                                 ----Respondents

For Petitioner(s)         :     Ms. Anushree
For Respondent(s)         :     Mr. S.S. Mahla, PP



               HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

11/01/2023

Heard learned counsel for the accused petitioner and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 10.07.2019 passed by

learned Judicial Magistrate, Jhunjhunu whereby the accused

petitioner has been convicted for the offence punishable under

sections 138 of NI Act and has been sentenced to maximum one

year simple imprisonment along with fine of Rs.4,40,000/- as well

as the impugned judgment dated 24.01.2020 passed by learned

Special Judge, Jhunjhunu whereby the appeal of the petitioner

(2 of 3) [SOSR-128/2020]

was partly allowed and his sentence of one year was set aside and

amount of fine was reduced to Rs. 2,20,000/- from Rs.4,40,000/-.

Learned counsel for the accused-petitioner submits that no

outstanding amount was due against the petitioner and as such

the complainant has failed to establish the fact beyond reasonable

doubt that the cheque was handed over to him in discharge of any

legal debt or liability. She drew attention of this Court towards the

admissions made by the complainant in cross-examination where

he admits that no account was maintained by him and he failed to

reply as to when the amount was paid by him to the petitioner and

for what purpose the amount has been given. It is admitted by

him that cheque was given to him in the year 2012 but no note

was written in this regard. She further submits that he has paid

Rs.50,000/- when the sentence was suspended by the appellate

Court under Section 389(1) of Cr.P.C. and he is ready to pay

Rs.70,000/- at this atage and the total cheque amount is said to

be Rs. 2,20,000/-.

Learned Public Prosecutor vehemently opposes the prayer

made by learned counsel for the accused-petitioner.

The accused-petitioner is behind the bars and the hearing of

appeal is likely to take further more time, therefore, considering

the overall submissions and looking to the totality of facts and

circumstances of the case 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 petition, this court is of the opinion that it is a fit case for

suspending the sentence awarded to the accused petitioner yet he

would have to pay Rs.70,000/- to the complainant.

(3 of 3) [SOSR-128/2020]

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and the sentence as modified

by the learned Special Judge, Jhunjhunu vide judgment dated

24.01.2020 in Criminal Appeal No.61/2019 against the appellant-

applicant Amanat Ali S/o Yasin Khan shall remain suspended till

final disposal of the aforesaid appeal and he shall be released on

bail provided he executes a personal bond in the sum of

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

the learned trial Judge for his appearance in this court on

14.02.2023 and whenever ordered to do so till the disposal of the

case on the conditions indicated below:-

1. That he/she/they will appear before the trial

Court in the month of January of every year till the

appeal is decided.

2. That if the applicant(s) changes the place of

residence, he/she/they will give in writing

his/her/their changed address to the trial Court as

well as to the counsel in the High Court.