Mohammed Sakil vs State Of Rajasthan
2023 Latest Caselaw 2107 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.8059/2022

in

S.B. Criminal Revision Petition No. 1536/2022

Mohammed Sakil S/o Mohd. Gafar Ji, Aged About 57 Years, B/c Musalman, R/o Operator Of Gafar Sales Agency, Near B.r. Birla School, Naya Gaanv Road Pali.

----Petitioner Versus

1. State Of Rajasthan, Through Pp, Rajasthan High Court, Jodhpur.

2. Chainraj S/o Sh. Premraj, 17, Dayanand Nagar, Housing Board, Pali.

----Respondents

For Petitioner(s) : Mr. Mohammed Sakil, petitioner present in person For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

03/03/2023

Lawyers are abstaining from appearing before the

court.

The instant application for suspension of sentence has

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

dated 31.05.2019 passed by the learned Special Judicial

Magistrate (NI Act Cases), Pali in Criminal Case No.1795/2015,

whereby he was convicted and sentenced to suffer maximum

imprisonment of 1 year under Section 138 of the NI Act and a fine

of Rs.1,50,000/-.

(2 of 2) [SOS-8059/2022]

In view of the judgment passed by the co-ordinate

Bench in the case of Vishnu Teli Vs. State of Rajasthan & Ors.

[S.B. Criminal Revision Petition No.1734/2009 decided on

25.11.2010], the defect pointed out by the Registry is ignored.

The petitioner is present before this court. He has

placed on record the original compromise -cum- agreement with

the complainant Chainraj. It is recited in the compromise deed

dated 21.11.2022 that the entire amount has been paid to the

complainant and nothing remains to be paid to him. In view of

the clear recital in the compromise deed, it is deemed appropriate

to allow the application for suspension of sentence.

Accordingly, the application for suspension of sentence

under Section 397/401 CrPC is allowed and the petitioner is

directed to appear before the trial court on or before 31.03.2023.

Upon his appearance, the learned trial Judge shall release the

petitioner on bail on the very same day upon his furnishing bail

and bonds to its satisfaction. The petitioner shall not be arrested

in connection with the case at hand till 31.03.2023.

(FARJAND ALI),J 163-Pramod/-

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