[Cites 1, Cited by 0]
Rajasthan High Court - Jodhpur
Moti Lal vs State Of Rajasthan (2025:Rj-Jd:52448) on 4 December, 2025
[2025:RJ-JD:52448]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Suspension Of Sentence(Revision) No. 304/2025
In
S.B. Criminal Revision Petition No.1221/2025
Motilal S/o Keshulal Baregama, Aged About 70 Years, R/o
Kapasan Tehsil And P.s. Kapasan, Dist. Chittorgarh (Lodged In
Dist. Jail, Chittorgarh)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Lrs Of Krishna Gopal, Through Lrs
2/1. Sumitra Devi W/o Late Sh. Krishna Gopal Kakda, R/o
Kapasan Tehsil And P.s. Kapasan, Dist. Chittorgarh
2/2. Maya D/o Late Sh. Krishna Gopal Kakda, R/o Kapasan
Tehsil And P.s. Kapasan, Dist. Chittorgarh
2/3. Anupama D/o Late Sh. Krishna Gopal Kakda, R/o Kapasan
Tehsil And P.s. Kapasan, Dist. Chittorgarh
----Respondents
For Petitioner(s) : Mr. UK Vyas.
For Respondent(s) : Ms. Sonu Manawat, PP.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
04/12/2025
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the petitioner submits that accused-
petitioner has been falsely implicated in this case. He further
submits that the essential ingredients to constitute offence under
Section 138 of NI Act i.e. legally enforceable debt has not been
proved.
Learned counsel for the petitioner has placed reliance on the
judgment rendered by the Hon'ble Apex Court in the case of M/s
R.A. Santana Marketing Services Pvt. Ltd. Vs. JMK
Technology Pvt. Ltd. & Anr. [Criminal Appeal
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[2025:RJ-JD:52448] (2 of 3) [SOSR-304/2025]
no.3635/2025(@ Special Leave Petition (Criminal
No.1406/2025))], decided on 20.08.2025.
Learned counsel for the petitioner also submits that hearing
of criminal revision petition will take sufficiently long time,
therefore, application for suspension of sentence (revision) may
be allowed.
Learned Public Prosecutor has opposed application for
suspension of sentence.
Having regard to the facts and circumstances of the case so
also the facts and grounds raised in the instant petition and
considering the fact that hearing of the revision petition, preferred
by the petitioner against the impugned judgment, will take
sufficient time, this Court considers it just and proper to suspend
the sentence awarded to the accused-petitioner.
Accordingly, keeping in view the ratio of Apex Court in the
order of M/s R.A. Santana Marketing Services Pvt. Ltd. (Supra) &
in the light of the facts and circumstances of the case, the present
application for suspension of sentence is allowed and it is ordered
that sentence passed by learned Judicial Magistrate Kapasan,
District Chittorgarh in Criminal Regular Case No.661/2013
(399/2012) vide judgment dated 04.07.2019 and affirmed by
learned Additional Sessions Judge Kapasan, District Chittorgarh
vide judgment dated 28.08.2025 passed in Cr. Appeal No.43/2023
(138/2019) against accused-petitioner - Motilal S/o Keshulal
Baregama, 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 sum of Rs.1,00,000/- with two
sureties of Rs.50,000/- each of to the satisfaction of the learned
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[2025:RJ-JD:52448] (3 of 3) [SOSR-304/2025]
trial Judge for his appearance in this court on 08.01.2026 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That he/they will appear before the trial Court in
the month of January of every year till the
petition is decided.
2. That if the petitioner changes the place of
residence, he/they will give in writing his/their
changed address to the trial Court as well as to
the counsel in the High Court.
3. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
4. Petitioner shall deposit 20% of the total fine
amount before the learned trial Court within a
period of 30 days from the date of his release,
which shall be disbursed immediately to the
respondent No.2/1/complainant.
The learned trial Court shall keep the record of attendance of
the accused-petitioner in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
petitioner was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial Court. In case the said
accused-petitioner does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MUKESH RAJPUROHIT),J
44-/Jitender//-
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