Allowed

Prahlad Kumawat Son of Shri Shyonarayan v. State of Rajasthan

Rajasthan HC11 Nov 2021SOSR/318/2021

Case brief

AI extract

What is this about?

This court allowed an application for suspension of sentence under Section 138 of the NI Act. The petitioner, convicted and sentenced to imprisonment and compensation, sought to stay execution pending disposal of a revision petition to avoid further delay, as he had already been in custody. The court authorised suspension upon deposit of 30% compensation and furnishing bail bonds.

What did the court decide?

Suspended the awarded sentence till disposal of the revision petition upon deposit of 30% compensation and furnishing bail bonds.

Prahlad Kumawat Son of Shri Shyonarayan Vs State of… — Cheque Dishonour | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence Application No.318/2021

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S.B. Criminal Revision Petition No.1191/2021

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Prahlad Kumawat Son Of Shri Shyonarayan, Resident Of B- 58, Maa Vishno Nagar, Near Kusum School, Lalarpura, Vaishali Nagar, Gandhi Path, District Jaipur (Raj) (At Present In Central Jail, Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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Praveen Kumar Kushwah Son Of Shri Manohar Singh, Resident Of A-288, Rai Colony, Hasanpura-C, District Jaipur (Raj)

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----Respondents

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For Petitioner(s)	:	Mr. Nav Ratan Singh
For Respondent(s)	:	Mr. Imran Khan, PP
		Mr. NeerajJoshi,for complainant

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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11/11/2021

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Heard on application for suspension of sentence.

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This revision petition has been filed by the petitioner against the order dated 23.10.2021 passed by the Additional District & Sessions Judge, No.6, Jaipur Metropolitan-II in Criminal Appeal No.02/2021 (CIS No.40/2021), affirming the

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(2 of 3) [SOS-318/2021]

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impugned order dated 05.02.2021, passed by the Court of Special Metropolitan Magistrate, N.I. Act Cases No.3, Jaipur Metropolitan-II in Case No.485/2017, by which the petitioner was convicted and sentenced as under:-

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U/s 138 of NI Act - Simple imprisonment of one year and compensation of Rs.3,00,000/- awarded to complainant; in default of payment of compensation, further to undergo simple imprisonment of two months.

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It has been submitted that the petitioner is behind the bars since long. He has been sentenced to a maximum period of one year of simple imprisonment and has been directed to pay Rs.3,00,000/- compensation to the complainant. Disposal of the revision petition will consume considerable time.

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Heard learned counsel for the petitioner and scanned the evidence available on record carefully.

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Taking into consideration the submissions of learned counsel for the petitioner, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems it just and proper to allow the application for suspension of sentence.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to

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accused/petitioner Prahlad Kumawat S/o Shri Shyonarayan , in Case No.485/2017, shall remain suspended till disposal of this revision petition, subject to the

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(3 of 3) [SOS-318/2021]

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condition that the petitioner deposits 30% of the compensation amount (Adjusting amount, if any, paid to complainant during trial or appeal) in the concerned trial court which shall be paid to the complainant on furnishing an undertaking to the effect that in case, the petition is decided against the complainant, he will return the amount so received by him. On depositing the amount as specified hereinabove, the petitioner be released on bail provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court for his appearance in this Court on 13^th December, 2021 and as and when called upon to do so.

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(UMA SHANKER VYAS),J

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FATEH RAJ BOHRA /6

Prahlad Kumawat Son of Shri Shyonarayan v. State of Rajasthan

Case brief

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What did the court decide?

Prahlad Kumawat Son of Shri Shyonarayan v. State of Rajasthan

Case brief

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