Rajasthan High Court - Jodhpur
Gopal Shrimali vs State Of Rajasthan (2025:Rj-Jd:46619) on 29 October, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1187/2025
Gopal Shrimali S/o Shri Bhim Shanker Shrimali, Aged About 54
Years, Resident Of 1, Toran Bawadi, City Station Road, Madhav
Tower, Udaipur, Dist. Udaipur
----Petitioner
Versus
1. State Of Rajasthan, Through Learned P.P.
2. M/s Shubh Shri Petroleum, Proprietor Smt. Seema
Choudhary W/o Shri Dilip Choudhary, R/o Village Kalawat,
Tehsil Rishabhdev, Dist. Udaipur.
----Respondents
For Petitioner(s) : Mr. Khet Singh Rajpurohit
For Respondent(s) : Mr. Pawan Bhati, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
29/10/2025
1. Heard.
2. Admit. Issue notice.
3. Call for the record.
4. Heard on S.B. Criminal Misc. Suspension of Sentence
Application (Revision) No.296/2025.
5. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
06.07.2019 passed by the learned Additional Chief Judicial
Magistrate, Kherwada, District Udaipur in Criminal Regular Case
No.3110/2013 whereby the petitioner was convicted and
sentenced to suffer maximum punishment of one year simple
imprisonment along with compensation of Rs.11,60,000/- to be
given to the complainant under Section 138 N.I. Act.
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6. 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 deposit a sum Rs.3,48,000/-
(remaining amount of the cheque amount) with the trial Court. He
has strong arguable case in his favour since the cheque was not
given to the complainant in lien of the discharge of any legal
liability or debt. Hearing of the revision petition is likely to take
long time, therefore, the application for suspension of sentence
may be granted.
7. 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.
8. Heard learned counsel for the parties and perused the
material available on record.
9. 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.3,48,000/- (remaining amount 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.
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10. 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 Additional Chief Judicial Magistrate,
Kherwada, District Udaipur in Criminal Regular Case
No.3110/2013 against the petitioner-applicant- Gopal Shrimali
S/o Shri Bhim Shanker Shrimali shall remain suspended till
final disposal of the aforesaid revision petition and he shall be
released on bail subject to the condition that he shall deposit a
sum of Rs.3,48,000/- (remaining amount of the cheque amount)
with the trial Court within a period of 30 days 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 17.11.2025 and
whenever ordered to do so till the disposal of the revision petition
on the conditions indicated below:-
1. That he 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.
3. Similarly, if the sureties change their addresses,
they will give in writing their changed address to the
trial Court.
11. Upon deposition of Rs.3,48,000/- (remaining amount out of
the total cheque amount) by the petitioner, the same shall be
disbursed to the complainant.
(MUKESH RAJPUROHIT),J
265-Ramesh/-
(Uploaded on 29/10/2025 at 05:14:00 PM)
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