Allowed

Brijbala Goyal W/O Late Shri Mukejsh Goyal B/C Mahajan v. Rakesh Yadav S/O Shri Devkaran B/C Hindu

Rajasthan HC4 Feb 2020SOSR/64/2020

Case brief

AI extract

What is this about?

The Court allowed the application for suspension of sentence pending the hearing of the criminal revision petition in a Section 138 NI Act case. The petitioner was directed to furnish a personal bond and two sureties to the satisfaction of the trial court.

What did the court decide?

Sentence suspended during pendency of revision petition upon furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each with stipulation to appear.

Brijbala Goyal W/O Late Shri Mukejsh Goyal B/C Mahajan Vs… — Cheque Dishonour | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. CRIMINAL MISC. BAIL ASPPLICATION FOR SUSPENSION OF SENTENCE NO.64/2020

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S.B. Criminal Revision Petition No. 1701/2019

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Smt. Brijbala Goyal W/o Late Shri Mukesh Goyal, By Caste Mahajan, R/o 1-Kha-6, Vigyan Nagar, Kota Authorized Signatory Rajasthan Indane Gas Service, Mala Road, Kota Junction.

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----Petitioner

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Versus

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Rakesh Yadav S/o Shri Devkaran B/c Hindu, R/o 1-Kha-1, Vigyan Nagar, Kota

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Respondent/Complainant

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State of Rajasthan through Public Prosecutor, Kota

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----Respondent

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For Petitioner(s) : Mr. Ajay Kumar Jain for Mr. Sudhir Jain For Respondent(s) : Mr. Ganesh Saini, PP Mr. H.V. Nandwana for the complainant

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HON'BLE MR. JUSTICE ABHAY CHATURVEDI

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Order

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04/02/2020

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Heard on the application for suspension of sentence.

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This application for suspension of sentence has been filed by the petitioner along with the Criminal Revision Petition to suspend the sentence awarded by Special Judicial Magistrate (N.I.Act) Cases) No.1, Kota vide judgment dated 12.04.2018 in Criminal Case No. 8372/2017(C.I.S. No.4692/2014) (Old Cases no.602/2010 358/2012) and confirmed by Additional Session Judge No.3, Kota vide judgment dated 17.07.2019 in Criminal Appeal No. 270/2018 (CIS No.270/2018).

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[CRLR(SOS)-64/2020]

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(2 of 2)

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Counsel for the petitioner submits that no case under Section 138 NI Act is made out. However, the accused-petitioner has made payment of Rs.5,00,000/- (Three demand drafts) copy of which has been submitted before the Court for perusal. Counsel for the complainant has received the DD of Rs. 5,00,000/-. The hearing of revision will take time. In these circumstances, counsel for the petitioner prays for suspending the sentence award to the petitioner.

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On the other hand, learned Public Prosecutor has opposed the application.

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Having heard the learned counsel for the parties and carefully scanned the entire material available on record, but without expressing any opinion on the merits and demerits of the case, this application for suspension of sentence is allowed. It is ordered that the sentence awarded to the petitioner Smt. Brijbala Goyal W/o Late Shri Mukesh Goyal , by the trial court/appellate court shall remain suspended during the pendency of this Revision Petition, provided the petitioner furnishes a personal bond of Rs. 50,000/- (Rupees Fifty Thousand) together with two sureties of Rs. 25,000/- (Rupees Twenty Five Thousand) each to the satisfaction of learned trial court with the stipulation that she shall appear before this Court on 5.3.2020 and thereafter, as and when called upon to do so.

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(ABHAY CHATURVEDI),J

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ANAND TANWAR /60

Brijbala Goyal W/O Late Shri Mukejsh Goyal B/C Mahajan v. Rakesh Yadav S/O Shri Devkaran B/C Hindu

Case brief

What is this about?

What did the court decide?

Brijbala Goyal W/O Late Shri Mukejsh Goyal B/C Mahajan v. Rakesh Yadav S/O Shri Devkaran B/C Hindu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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