Allowed

Rakesh Udaywal S/O Shri Bhonri Lal Udaywal B/C Chhipa v. Ashok Joshi S/O Nathu Lal Joshi B/C Brahmin

Rajasthan HC3 Nov 2018SOSR/499/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an application for suspension of sentence in a cheque dishonour case. The court directed the petitioner to deposit Rs.3,00,000/- with the complainant via demand draft before the sentence would remain suspended.

What did the court decide?

Sentence suspended upon payment of Rs.3,00,000/- to complainant via demand draft and submission of proof, along with furnishing a personal bond and two sureties.

Rakesh Udaywal S/O Shri Bhonri Lal Udaywal B/C Chhipa Vs Ashok Joshi S/O Nathu Lal Joshi B/C Brahmin — Rajasthan HC (2018) — LawSathi Research

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Suspension of Sentence Application

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No.499/2018

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S.B. Criminal Revision No. 1752/2018

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Rakesh Udaywal S/o Shri Bhonri Lal Udaywal B/c Chhipa, Aged About 42 Years, R/o House No. 3116, Bagruwalon Ka Rasta, Choutha Choraha, Opposite Pratap School, Chandpole Bazar, Jaipur At Present R/o C/o Raj Kumar Udaywal, House No. 10, Namdeo Colony, Near Wireless Office, Sanganer, Jaipur (Raj.) (At Present Central Jail, Jaipur)

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----Petitioner

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Versus

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Ashok Joshi S/o Nathu Lal Joshi B/c Brahmin, R/o House No. 3398, Jaylal Munshi Ka Rasta, Choutha Choraha, Chandpole Bazar, Jaipur (Raj.)

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----Respondent

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For Petitioner(s)	:	Mr. Mahesh Gupta
For Complainant(s)	:	Mr. D.D. Khandelwal

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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03/11/2018

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Heard on application for suspension of sentence.

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It is contended by counsel for the petitioner that cheque amount is Rs.2,70,000/-. Petitioner is willing to deposit the cheque amount.

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Counsel for the complainant and complainant have objection of allowing application for suspension of sentence of deposit of the cheque amount. Their contention is that at least Rs.4,00,000/should be got deposited.

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(2 of 2)

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[CRLR-1752/2018]

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In view of the fact that petitioner is willing to deposit the amount, petitioner is directed to pay an amount of Rs.3,00,000/-, to the complainant by demand draft, on payment of the same and submission of proof thereof before the Court below sentence passed against the petitioner shall remain suspended.

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Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accusedpetitioner in Criminal Case No. 9133/2010 (996/2012) shall remain suspended if the appellant furnishes a personal bond of Rs.50,000/and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court to the effect that he shall appear before Registrar (Judicial) on or before 07.12.2018 and as and when called upon to do so.

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Copy of this order be sent to the concerned Court by fax/email today itself with a direction to serve a photostat copy of the same to the petitioner and an additional copy of this order be also sent to the concerned Court by ordinary process.

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(PANKAJ BHANDARI),J

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Amit/128

Rakesh Udaywal S/O Shri Bhonri Lal Udaywal B/C Chhipa v. Ashok Joshi S/O Nathu Lal Joshi B/C Brahmin

Case brief

What is this about?

What did the court decide?

Rakesh Udaywal S/O Shri Bhonri Lal Udaywal B/C Chhipa v. Ashok Joshi S/O Nathu Lal Joshi B/C Brahmin

Case brief

What is this about?

What did the court decide?

What the court decided

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