Lalu Ram Dangi vs Sarita Bhatnagar
2023 Latest Caselaw 7906 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.354/2023

In

S.B. Criminal Revision Petition No. 1274/2023

Lalu Ram Dangi S/o Late Shri Megha Dangi, Aged About 63 Years, Residing At Village Nauwa, Tehsil Mavli, District Udaipur, Rajasthan.

----Petitioner Versus

1. Sarita Bhatnagar W/o Shri Prafful Bhatnagar, Residing At 05, Chitrakoot Marg, Near Mahila Mandal Girls School, Surajpole Police Station, District- Udaipur, Rajasthan.

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


For Petitioner(s)         :    Dr. Mohit Singhvi
                               Mr. Vishwash Khatri
For Respondent(s)         :    Mr. Abhishek Purohit, AGA



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

04/10/2023

1. The instant application for suspension of sentence has been

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

18.02.2021 passed by the learned Special Judicial Magistrate

No.02 (NI Cases) Udaipur in Sessions Case No.245/2020, whereby

he was convicted and sentenced to suffer imprisonment of one

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

Rs.2,00,000/-.

2. Learned counsel for the petitioner submits that the learned

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

(2 of 3)

error of law in appreciating the evidence brought on record,

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

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 70,000/- out of the fine amount with the trial court.

3. Learned Public Prosecutor and learned counsel for the

complainant opposed the application for suspension of sentence.

4. 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.1,41,000/- and the petitioner is willing to deposit a sum of

Rs.70,000/- 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-petitioner.

5. 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 Special Judicial Magistrate No.02 (NI

Cases) Udaipur who passed the impugned order dated 18.02.2021

in Sessions Case No.245/2020 against the petitioner-applicant-

Lalu Ram Dangi S/o Late Shri Megha Dangi shall remain

suspended till final disposal of the aforesaid revision and he shall

be released on bail provided he executes a personal bond in the

(3 of 3)

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 03.11.2023 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 addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 117-divya/-

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