Allowed

Mausam S/O Kannu v. State of Rajasthan

Rajasthan HC2 Mar 2022SOSA/207/2022

Case brief

AI extract

What is this about?

The Hon'ble High Court of Rajasthan allowed a suspension of sentence application in a cheque dishonour case. The court set aside the conviction and order due to a post-trial compromise, imposed costs, and suspended the sentence subject to executing a personal bond.

What did the court decide?

Suspension of sentence until final disposal; acquittal noted; costs imposed; personal bond executed by July 22, 2022, with sureties.

Mausam S/O Kannu Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B.Cri. Suspension of Sentence Application No.207/2022

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S.B. Criminal Revision Petition No. 720/2022

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Jamaluddin Son Of Ali Mohammad, Government Senior Secondary School, Barakhan, Tehsil Tadgard, District Ajmer Residentof Master Colony, Ward No. 39, Mevadi Gate Ke Bahar Nai Sabji Mandi Ke Pass, Sedriya Road, Beawar District Ajmer (Raj) (At Present Accused Petitioner Confined In Central Jail, Ajmer)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p

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Arti Karamchandani Wife Of Girdhari Karamchandi, Resident Of M.n H-17, Indrapuri Makadwali Road, Jain Chatriyon Ke Pass, Ajmer (Raj)

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----Respondents

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For Petitioner(s)	: Mr. Govind Upadhyay
For Respondent(s)	: Mr. Arshad Sharma for complainant

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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25/05/2022

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Heard learned counsel for the accused-petitioner as well as learned counsel for the complainant on the application filed for suspension of sentence.

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Learned counsel for the accused-petitioner submits that the petitioner has been convicted and sentenced with a maximum of six months simple imprisonment alongwith the direction to pay Rs.8,00,000/- to the complainant by learned Special Judicial Magistrate(N.I.Act) No.3-Ajmer vide order dated 6.6.2018 and the same has been upheld by the learned Additional District and

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(2 of 3)

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[CRLR-207/2022]

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Sessions Judge No.1, Ajmer in Criminal Appeal No.129/2019 vide order dated 8.11.2021. The orders passed by the trial court and the appellate court are illegal, perverse and against established principles of law. He further submits that the parties have entered into compromise and the dispute between the parties has been amicably settled. Thus, this revision petition deserves to be allowed.

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Learned counsel appearing for the complainant-respondent has opposed the prayer regarding suspension of sentence.

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Perused the matter available on record and looking into the short term and sentence and the overall circumstances of the case and without commenting upon the merits and demerits of the case, I deem it appropriate to allow the application for suspension of sentence u/s 397 Cr.PC.

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The matter is inter-se in between the parties and does not affect the society at large. The complainant has now entered into a compromise with the petitioner. Since the complainant does not wish to continue proceedings against the petitioner, thus, this court deems it appropriate to allow the compromise at this stage. In view of the compromise and the affidavit annexed with the petition, the petitioner is acquitted from the charges levelled against him and accordingly the order dated 6.6.2018 as well as the judgment dated 8.11.2021 are set aside. The bail bonds are discharged.

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Since the parties have not entered into a compromise at the first opportunity available to them and waited till disposal of the trial and thereafter till the course of appeal and therefore, they took away valuable time of the trial court and the Appellate Court. Thus, in the interest of justice, it is directed that the petitioner

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(3 of 3)

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[CRLR-207/2022]

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shall deposit a sum of Rs.10,000/- in the account of of Rajasthan Legal Services Authority in lieu of the cost of proceedings. It is made clear that this judgment will operate only after the accused deposits a sum of Rs.10,000/- in the account of the Rajasthan State Legal Services Authority.

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Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence passed by learned trial court vide order dated 6.6.2018 and modified by the learned Appellate Court vide order dated 8.11.2021 against the accusedpetitioner Jamaluddin Son Of Ali Mohammad , shall remain suspended till final disposal of present petition; provided he executes a personal bond in the sum of Rs.1,00,000/- along with two sureties of Rs.50,000/- each to the satisfaction of the trial court for his appearance in this court on 22^nd July, 2022 and as and when he is called upon to do so.

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(FARJAND ALI),J

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Anu /197

Mausam S/O Kannu v. State of Rajasthan

Case brief

What is this about?

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Mausam S/O Kannu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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