Allowed

Masud Ahmed v. Dinesh

Rajasthan HC18 Mar 2024SOSR/116/2024

Case brief

AI extract

What is this about?

This court allowed an application for suspension of sentence under Cr.P.C. 397/401. The petitioner, convicted under Section 138 NI Act, was willing to deposit 50% of the cheque amount. Considering bail history and evidence issues, the court suspended the sentence pending disposal of the revision.

What did the court decide?

Application for suspension of sentence allowed; sentence suspended till final disposal of revision; petitioner released on bail subject to 50% deposit within 30 days and execution of bond.

Masud Ahmed Vs Dinesh — Cheque Dishonour | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Suspension of Sentence Application No.116/2024 IN

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S.B. Criminal Revision Petition No. 347/2024

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Masud Ahmed S/o Shri Maqbul Ahmed, Aged About 50 Years, R/o Indian Motor Repairing Behind Forest Office, Behind Chetak Circle, District Udaipur. (Presently Lodged In Central Jail, Udaipur)

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----Petitioner

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Versus

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Dinesh S/o Shri Bagwanlal, Age Major, R/o F-27, Haridas Ki Magri, District Udaipur.

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State Of Rajasthan, Through PP

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----Respondents

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For Petitioner(s) : Mr. Tushar Moad For Respondent(s) : Mr. Aneesh Bhurat, PP

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HON'BLE MR. JUSTICE FARJAND ALI Order

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18/03/2024

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The instant application for suspension of sentence has been moved on behalf of the applicants in the matter of judgment dated 15.09.2022 passed by the learned Special Judicial Magistrate (N.I. Act Cases) No.3, Udaipur in Criminal Regular Case No.1007/2015, whereby the petitioner was convicted for the offence under Section 138 of the N.I. Act and sentenced to suffer imprisonment of one year S.I. along with a fine of Rs.6,00,000/-. The said judgment has been affirmed by the learned Special Judge (ST/SC Cases), Udaipur vide judgment dated 06.11.2023 passed in Criminal Appeal No.93/2022.

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Learned counsel for the petitioner submits that the learned trial court as well as the learned appellate court has

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[SOSR-116/2024]

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(2 of 3)

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committed an error of law in appreciating the evidence brought on record, therefore, the material would be required to be appreciated again. 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 50% of the cheque amount with the trial court.

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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 petitioner is willing to deposit 50% of the cheque amount with the trial court; he was on bail during the course of trial and appeal; 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 awarded to the petitioner vide judgment dated 15.09.2022 passed by the learned Special Judicial Magistrate (N.I. Act Cases) No.3, Udaipur in Criminal Regular Case No.1007/2015 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 50% of the cheque amount

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(3 of 3) [SOSR-116/2024]

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with the Court within a period of 30 days from today, and provided he executes a 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 20.04.2024 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 without unnecessary delay.

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(FARJAND ALI),J

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32-Ashutosh/-

Masud Ahmed v. Dinesh

Case brief

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Masud Ahmed v. Dinesh

Case brief

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What did the court decide?

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