Smt. Jasoda vs Narendra Singh
2023 Latest Caselaw 8514 Raj

Citation : 2023 Latest Caselaw 8514 Raj
Judgement Date : 13 October, 2023

Rajasthan High Court - Jodhpur

Smt. Jasoda vs Narendra Singh on 13 October, 2023

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.402/2023 IN S.B. Criminal Revision Petition No. 1417/2023

Smt. Jasoda W/o Jai Kishan, Aged About 36 Years, R/o Agunawas Mathania Tehsil Tinwari Dist. Jodhpur

----Petitioner Versus

1. Narendra Singh S/o Kalyan Das, R/o Near Parihar Sweet Home Bus Stand Mathania Dist. Jodhpur

2. State Of Rajasthan, Through PP

----Respondents

For Petitioner(s) : Mr. Sudhir Saruparia For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE FARJAND ALI Order

13/10/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 02.02.2019 passed by the learned Chief Judicial

Magistrata (N.I. Act Cases), No.4, Jodhpur Metro in Criminal

Regular Case No.54/2016 whereby she was convicted and

sentenced to suffer maximum punishment of six months

simple imprisonment along with fine of Rs.2,00,000/-under

Section 138 N.I. Act.

2. Learned counsel for the petitioner submits that the learned

trial Court as well as the learned appellate Court has

committed an error of law in appreciating the evidence

brought on record, therefore, the material would be required

to be appreciated again. Learned counsel for the petitioner

further submits that the petitioner is ready and willing to

(2 of 3) [SOSR-402/2023]

deposit a sum Rs.90,000/- of the cheque amount with the

trial Court. She has strong arguable case in her favour since

the cheque was not given to the complainant in lien of the

discharge of any legal liability or debt. She is not in Jail and

she needs not to surrender. Hearing of the revision petition is

likely to take long time, therefore, the application for

suspension of sentence may be granted.

3. 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.

4. Heard learned counsel for the parties and perused the

material available on record.

5. 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 petitioner is

willing to deposit a sum of Rs.60,000/- of the cheque

amount with the trial Court. 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.

6. 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 Chief Judicial Magistrate

(N.I. Act Cases), No.4, Jodhpur Metro in Criminal Regular

(3 of 3) [SOSR-402/2023]

Case No.54/2016 against the petitioner-applicant- Smt.

Jasoda W/o Jai Kishan shall remain suspended till final

disposal of the aforesaid revision petition and she shall be

released on bail subject to the condition that she shall

deposit a sum of Rs.90,000/- of the cheque amount

with the trial court within a period of 15 days and

provided she executes a personal bond in the sum of

Rs.90,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for her appearance in

this Court on 16.11.2023 and whenever ordered to do so till

the disposal of the revision petition on the conditions

indicated below:-

1. That she 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, she will give in writing her changed addresses to the trial Court as well as to the counsel in the High Court.