[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Sarjeevan Ram vs State Of Rajasthan (2025:Rj-Jd:53963) on 10 December, 2025
[2025:RJ-JD:53963]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 985/2025
Sarjeevan Ram S/o Ratan Chand, Aged About 63 Years, Resident
Of House Number 191 Near Chandani Chowk, Purani
Abadai ,sriganganagar Second Address Head Post Office,
Sriganganagar (Lodged In Central Jail, Sriganganagar)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Syndicate Bank, Head Office Manipal, Karnataka, Through
Senior Branch Manager And Chief Offficer Syndicate Bank
Branch Sri Ganganagar
----Respondents
For Petitioner(s) : Mr. R.S. Mankad
For Respondent(s) : Ms. Sonu Manawat, P.P.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
10/12/2025
1. The matter comes up on an application (IA No. 01/2025)
under Section 5 of the Limitation Act seeking condonation of delay
in filing the instant revision petition.
2. For the reasons stated therein, the application is allowed.
The delay in filing the revision petition is hereby condoned.
3. On the request of learned counsel for the petitioner, the
matter is taken up for hearing today itself.
4. The present revision petition has been filed by the petitioner
assailing the judgment dated 04.05.2022 passed by the learned
Additional Sessions Judge No. 1, Sri Ganganagar (hereinafter
referred to as "learned appellate court"), whereby appeal
preferred by the petitioner was dismissed and the judgment dated
29.11.2017 passed by the learned Special Judicial Magistrate (N.I.
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[2025:RJ-JD:53963] (2 of 4) [CRLR-985/2025]
Act Cases) No. 1, Sri Ganganagar (hereinafter referred to as
"learned trial court") was affirmed. By the said judgment, learned
trial court convicted the petitioner for the offence under Section
138 of the Negotiable Instruments Act and sentenced him to
undergo nine months' simple imprisonment along with a fine of
₹90,000/- and in default of payment of fine, to further undergo
three months' additional simple imprisonment.
5. Briefly stated, the facts of the case are that the petitioner
was having a legal liability to pay outstanding loan amount to the
respondent/complainant - Bank and towards repayment thereof,
issued a cheque bearing No. 714851 drawn on Syndicate Bank,
Branch Sri Ganganagar, for an amount of ₹74,352.45. Upon
presentation, said cheque was dishonoured by the bank with the
endorsement "Insufficient Funds." Thereafter, complainant served
a legal notice upon the petitioner through its advocate demanding
payment of the cheque amount; however, the petitioner failed to
make the payment.
6. On the basis of the complaint so filed, learned trial court took
cognizance of the offence and subsequently, framed charge
against the petitioner for the offence under Section 138 of the NI
Act. The petitioner denied said charge and claimed trial. During
the course of trial, complainant examined himself as a witness and
produced documentary evidence. Thereafter, statement of the
petitioner under Section 313 Cr.P.C. was recorded.
7. Upon completion of the trial, learned trial court vide
judgment and order dated 29.11.2017, convicted accused-
petitioner for the offence under Section 138 of the NI Act.
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[2025:RJ-JD:53963] (3 of 4) [CRLR-985/2025]
Aggrieved by judgment and order of sentence dated 29.11.2017
passed by the learned trial court, the petitioner preferred an
appeal before the learned appellate court, which came to be
dismissed vide judgment dated 04.05.2022. Hence, present
revision petition.
8. At the outset, learned counsel for the petitioner submits that
finding of conviction is not being challenged. However, it is
contended that accused-petitioner has already undergone entire
period of substantive sentence of nine months awarded in this
case, therefore, it is prayed that default sentence of three months
imprisonment awarded to the petitioner may be waived and the
petitioner may be released from prison.
9. Learned counsel for the petitioner has relied upon the
judgment passed by a coordinate Bench of this Court in the case
of Shrikishan Soni vs. State of Rajasthan & Anr. (S.B.
Criminal Revision Petition No. 216/2021) decided on
02.12.2021.
10. In pursuance of the order dated 07.11.2025, learned Public
Prosecutor has produced the custody certificate, according to
which, the petitioner has undergone entire period of substantive
sentence of nine months awarded. He has prayed for passing of
appropriate orders in this case.
11. Learned counsel for the petitioner has been heard and the
judgments passed by both the courts below as well as record of
the case have been perused.
12. It is not in dispute that accused-petitioner was awarded
substantive sentence of nine months' simple imprisonment. It is
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[2025:RJ-JD:53963] (4 of 4) [CRLR-985/2025]
also undisputed that he has already undergone entire substantive
sentence awarded to him, apart from having suffered the ordeal of
a protracted trial. Considering the overall facts and circumstances
of the case and the fact that the petitioner has already undergone
entire period of substantive sentence, it would be just and proper
to waive the default sentence awarded to the petitioner for the
offence under Section 138 of the NI Act, as affirmed by the
appellate court.
13. Accordingly, the revision petition is partly allowed. While
maintaining the conviction of the petitioner for the offence under
Section 138 of the NI Act, sentence of three months' simple
imprisonment awarded to him in default of payment of
fine/compensation is waived. As regards compensation amount,
respondent-complainant shall be at liberty to initiate appropriate
proceedings for recovery before the learned trial court. The
accused-petitioner, who is presently in custody, shall be released
forthwith, if not required in any other case.
14. The application for suspension of sentence stands disposed
of accordingly.
15. A copy of this order along with original record of the case be
transmitted back forthwith.
16. All pending applications, if any, also stand disposed of.
(MUKESH RAJPUROHIT),J
96-/Jitender//-
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