Gautam vs Manoj Kumar Sharma
2023 Latest Caselaw 7209 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.329/2023

In

S.B. Criminal Revision Petition No. 1172/2023

Gautam S/o Shobha Lal Talesara, Aged About 48 Years, R/o 100 Feet Road Meera Nagar P.v.r. Plaza Shobhagpura Circle Before Hotel Ambiance Udaipur

----Petitioner Versus

1. Manoj Kumar Sharma S/o Nand Ram Sharma, R/o 297/10 Ashok Nagar Opp. Shree Niketan Udaipur

2. State Of Rajasthan, Through PP

----Respondents

For Petitioner(s) : Mr. Ram Singh Rawal For Respondent(s) : Mr. M. Khan, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

14/09/2023

1. The instant application for suspension of sentence has been

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

22.02.2022 passed by the learned Special Judicial Magistrate, N.I.

Act Cases No.04, District Udaipur in Criminal Regular Case

No.1770/2017, whereby he was convicted and sentenced to suffer

imprisonment of one year's simple imprisonment under Section

138 of the N.I. Act along with a fine of Rs.4,70,000/-.

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,

(2 of 3)

therefore, the material would be required to be appreciated 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 has already deposited

a sum of Rs.1,17,500/- during the course of appeal and he has

brought a demand draft in the sum of Rs.2,35,350/- in the name

of complainant.

3. Learned Public Prosecutor and learned counsel for the

complainant oppose 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.3,52,880/- and the petitioner has already deposited the sum of

Rs.1,17,500/- during the course of appeal and he has brought a

demand draft in the sum of Rs.2,35,350/- in the name of

complainant. A copy of which has been shown to this Court, the

same be taken on record. 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, N.I. Act

Cases No.04, District Udaipur in Criminal Regular Case

(3 of 3)

No.1770/2017 against the petitioner-applicant Gautam S/o

Shobha Lal Talesara shall remain suspended till final disposal of

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

the condition that he shall deposit the demand draft with the trial

Court within a period of 15 days from today and provided he

executes a personal bond in the 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 16.10.2023 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.

6. The petitioner is not in judicial custody, he need not to

surrender but to comply this order after appearance before the

trial Court. If warrant is issued, the same shall be recalled

forthwith.

(FARJAND ALI),J 238-divya/-

Powered by TCPDF (www.tcpdf.org)