The High Court suspended the sentence and released the petitioner on bail upon deposit of Rs.25 lakhs and execution of a personal bond, recognizing a bona fide dispute underlying the cheque default case.
Sentence suspended; petitioner released on bail subject to deposit of Rs.25 lakhs, execution of bond with two sureties, and appearance conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Suspension of Sentence Application No.432/2023
IN
S.B. Criminal Revision Petition No. 1492/2023
Kailash Modi S/o Sh. Manginath, Aged About 79 Years, R/o 162, 1St C Road, Sardarpura, Jodhpur (Wrongly Mentioned As Dist. Banswara In The Order Impugned)
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Vineet Jain, Sr. Adv. assisted by |
|---|---|
| Mr. Jitendra Gang | |
| For Respondent(s) | : Mr. Mr. M.A. Siddiqui, GA-cum-AAG |
| assisted byMr. A.R. Malkani |
HON'BLE MR. JUSTICE FARJAND ALI
Order
31/10/2023
(2 of 4)
imprisonment of two years (S.I.) under Section 138 of the N.I. Act alongwith fine of Rs.3,30,00,000/-.
(3 of 4)
was received by the petitioner, the entire things had been narrated categorically in the reply to the notice. The copies of which are available on record.
(4 of 4)
(FARJAND ALI),J
TP-2-Hanuman/-
1 issue framed by the court
Whether the sentence should be suspended and petitioner released on bail in light of a bona fide dispute regarding cheque dishonour.
3 provisions across 2 enactments
Kailash Modi
M/s Mehul Associate, Through Manish Jain
Prashit Jain
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
