Allowed

Shakeel Brothers v. Firm Devendra Kumar Bhanu Kumar Proprietor Nand Kishor

Rajasthan HC6 Feb 2024SOSR/25/2024

Case brief

AI extract

What is this about?

The High Court suspended the sentence of imprisonment and fine for six months in default for a conviction under Section 138 of the Negotiable Instruments Act. The suspension was conditional upon the petitioner depositing a sum of Rs. 1,50,000/- in the trial court and executing a personal bond.

What did the court decide?

Suspension of sentence subject to deposit of Rs. 1,50,000/- via DD in trial court within 15 days and execution of personal bond of Rs. 50,000/- with two sureties.

Shakeel Brothers Vs Firm Devendra Kumar Bhanu Kumar… — Cheque Dishonour | Rajasthan HC (2024)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Misc. Suspension of Sentence Application No.25/2024

¶3

¶4

S.B. Criminal Revision Petition No. 47/2024

¶5

Shakeel Brothers, Proprietor Jaheer Mohammad Son Of Vajeer Mohammad, Resident Of Kotdapar, At Present Resident Of Chhabra, Police Station And Tehsil Chhabra, District Baran (Raj.)

¶6

----Petitioner

¶7

Versus

¶8

Firm Devendra Kumar Bhanu Kumar, Proprietor Nand Kishor Son Of Jamna Lal, Resident Of Chhabra, Police Station And Tehsil Chhabra, District Baran (Raj.)

¶9

----Respondent

¶10

For Petitioner(s)	: Mr. Kamal Kumar Gupta
For Respondent(s)	:

¶11

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

¶12

Order

¶13

06/02/2024

¶14

The accused-petitioner herein has been convicted and sentenced vide judgment dated 12.12.2023 passed by the learned Additional District & Sessions Judge, Chhabra, District Baran, in Criminal Appeal No.39/2016 as under:-

¶15

Offence Under Section	Imprisonment	Fine	Sentence in default of payment of fine
138 of N.I. Act	One year’s S.I.	Rs.5,25,000/-	Six months’ S.I.

¶16

Heard learned counsel for the petitioner-applicant.

¶17

I have considered the rival arguments advance by the petitioner-applicant and perused the judgments of the courts

¶18

[CRLR-47/2024]

¶19

(2 of 3)

¶20

below. Looking to the facts and circumstances of the case and the short sentences awarded by courts below, I consider it just and proper to suspend the sentences awarded to the accused petitioner-applicant subject to the petitioner depositing a sum of Rs.1,50,000/- through demand draft within a period of fifteen days in the trial Court.

¶21

Accordingly, the application for suspension of sentence filed under Section 397 read with Section 401 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Additional District & Sessions Judge, Chhabra, District Baran, in Criminal Appeal No.39/2016 vide order dated 12.12.2023 against the petitioner-applicant Shakeel Brothers, Proprietor Jaheer Mohammad Son Of Vajeer Mohammad shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail subject to the petitioner depositing Rs.1,50,000/- through demand draft within a period of fifteen days in the trial Court and further 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 11.03.2024 and whenever ordered to do so, till the disposal of the revision on the conditions indicated below:-

¶22

That he/she/they will appear before the trial Court in the month of January of every year till the revision is decided.

¶23

That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

¶24

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

¶25

The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered

¶26

[CRLR-47/2024]

¶27

(3 of 3)

¶28

as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

¶29

The amount of Rs.1,50,000/- through demand draft upon being deposited by the petitioner, shall be disbursed to the respondent subject to his furnishing an undertaking that he shall repay the same to the petitioner in case the revision is allowed.

¶30

(PRAVEER BHATNAGAR),J

¶31

219-SURAJ KUMAR

Shakeel Brothers v. Firm Devendra Kumar Bhanu Kumar Proprietor Nand Kishor

Case brief

What is this about?

What did the court decide?

Shakeel Brothers v. Firm Devendra Kumar Bhanu Kumar Proprietor Nand Kishor

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rahul S/O Kundan Lal Vs State of Rajasthan

Shakti Son of Shri Suresh @ Seeti Vs State of Rajasthan

Aabid @ Raja S/O Abdul Rashid and Guddu Vs State of Rajasthan

Maroof Ahmed S/O Ayyub Khan Vs State of Rajasthan

Banwari S/O Pratap Vs State of Rajasthan

Raju @ Rajveer Singh S/O Shri Balveer Singh Vs State of Rajasthan