Allowed

Nemichand v. Sanjay Kumar Jain

Rajasthan HC15 Oct 2023SOSR/373/2023

Case brief

AI extract

What is this about?

In a suspension of sentence application under Sections 397/401 Cr.P.C., the High Court of Rajasthan suspended the petitioner's sentence for cheque dishonour pending final disposal of the revision, allowing bail subject to deposit of ₹40,000.

What did the court decide?

Sentence suspended pending final disposal of revision; release on bail subject to depositing ₹40,000 and executing a bond of ₹50,000 with two sureties.

Nemichand Vs Sanjay Kumar Jain — Cheque Dishonour | Rajasthan HC (2023)

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[2023:RJ-JD:37449]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Suspension of Sentence (Revision) Application No.373/2023

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S.B. Criminal Revision Petition No. 1357/2023

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Nemichand S/o Maluram, Aged About 47 Years, R/o Saanvrad Tehsil Ladnu Dist. Nagaur Raj.

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----Petitioner

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Versus

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Sanjay Kumar Jain S/o Dharamchand Godha, R/o Maaliyo Ka Mohaala Ward No. 16 Ladnu Nagaur Raj.

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----Respondent

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For Petitioner(s) : Mr. Devendra Mahalana For Respondent(s) : -

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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02/11/2023

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The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 06.04.2017 passed by the learned Judicial Magistrate, First Class, Ladnun, District Nagaur in Criminal Case No.128A/2009, whereby he was convicted and sentenced to suffer imprisonment of two years under Section 138 of the N.I. Act alongwith a fine of Rs.1,50,000/- and in default of payment of fine, further to undergo six months' additional imprisonment.

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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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[2023:RJ-JD:37449]

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(2 of 3)

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The petitioner was on bail during trial and during the course of appeal. Hearing of the revision petition would likely take long time. He further submits that the petitioner is ready and willing to deposit a sum of Rs.40,000/- with the trial court after his release on bail.

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Upon consideration of the grounds raised in the memo of the revision, looking to the totality of facts and circumstances of the case, more particularly the fact that the total cheque amount was Rs.75,000/- and the petitioner is willing to deposit a sum of Rs.40,000/- with the trial court upon his release on bail; he was on bail during the course of trial and the 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.

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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 Judicial Magistrate, First Class, Ladnun, District Nagaur in Criminal Case No. 128A/2009 against the petitioner-applicant Nemichand S/o Maluram 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 a sum of Rs.40,000/- with the trial court within a period of 30 days from the date of his actual release (the said condition shall be incorporated in his personal bond), and provided he executes a

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[2023:RJ-JD:37449]

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(3 of 3)

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personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 02.12.2023 and whenever ordered to do so till the disposal of the revision on the conditions indicated below:-

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(1) That he will appear before the trial Court in the month of January of every year till the appeal is decided.

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(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.

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(3) Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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Upon deposition of the amount by the petitioner, the same shall be disbursed to the complainant.

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(FARJAND ALI),J

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157-Pramod/-

Nemichand v. Sanjay Kumar Jain

Case brief

What is this about?

What did the court decide?

Nemichand v. Sanjay Kumar Jain

Case brief

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