Pradeep Paliwal vs Bhupendra Jadia
2026 Latest Caselaw 2914 Raj

Citation : 2026 Latest Caselaw 2914 Raj
Judgement Date : 20 February, 2026

[Cites 3, Cited by 0]

Rajasthan High Court - Jodhpur

Pradeep Paliwal vs Bhupendra Jadia on 20 February, 2026

Author: Farjand Ali

Bench: Farjand Ali

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
      S.B. Criminal Misc Suspension of Sentence Application
                          No.349/2025
                                        IN
          S.B. Criminal Revision Petition No. 1503/2025

Pradeep Paliwal S/o Mohanlal, Aged About 45 Years, R/o Nada
Basti, In Front Of The Saw Machine, Bagol Road, Nathdwara,
District Rajsamand, (Raj).
                                                                    ----Petitioner
                                    Versus
1.     Bhupendra Jadia S/o Hargovind Jadia, R/o 15, Tamboliyan
       Ki Gali, Moti Chauhtta, Udaipur, Raj.
2.     State Of Rajasthan, Through P.p. Udaipur
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Jaipal Singh
For Respondent(s)         :     Mr. Shriram Choudhary, AGA
                                Ms. Deepika Soni



             HON'BLE MR. JUSTICE FARJAND ALI

Order

20/02/2026

1. The instant application for suspension of sentence has been

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

12.12.2023 passed by the learned Special Judicial Magistrate, NI

Act Cases, No.06, District Udaipur in Case No.2704/2016, whereby

he was convicted and sentenced to suffer Maximum imprisonment

of 1 year's S.I. under Section 138 of the N.I. Act alongwith a fine

of Rs.15,00,000/-.

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,

therefore, the material would be required to be appreciated again.


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Hearing of the revision petition would likely take long time.                 He

further submits that the petitioner is ready and willing to deposit

25 per cent out of the cheque amount with the trial court. He

further submits that the petitioner has surrendered and is

presently confined in the Central Jail, Udaipur, and prays for his

release.

3. Learned Public Prosecutor opposed 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, the petitioner is willing to deposit 25 per cent 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.

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, NI Act

Cases, No.06, District Udaipur in Case No.2704/2016 against the

petitioner-applicant Pradeep Paliwal S/o Mohanlal 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

25 per cent of the cheque amount with the trial court 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

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learned trial Judge 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 directed to deposit 25 per cent of the

cheque amount within a period of 30 days from the date of his

release, along with an undertaking to that effect.