Partly allowed

Prahlad Meena S/O Bardi Narayan Meena v. Mukesh Kumar Meena S/O Gopiram

Rajasthan HC25 Jan 2024SOSR/40/2024

Case brief

AI extract

What is this about?

The High Court suspended the sentence of six months' imprisonment and Rs. 4 lakh fine imposed on the petitioner under Section 138 NI Act following an appeal dismissal. The Court ordered the petitioner to deposit Rs. 2 lakh in the trial court within one month and released him on bail subject to strict conditions including periodic court appearance, while directing the trial court to disburse the al

What did the court decide?

Sentence of six months' imprisonment and fine suspended. Petitioner released on bail subject to deposit of Rs. 2,00,000/- and execution of personal bond with sureties. Trial court directed to disburse

Prahlad Meena S/O Bardi Narayan Meena Vs Mukesh Kumar… — Cheque Dishonour | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence (Bail) Application No.40/2024

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S.B. Criminal Revision Petition No. 106/2024

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Prahlad Meena S/o Bardi Narayan Meena, Aged About 38 Years, R/o Village Pooranwaas, Tehsil Lawan, Dausa District Dausa (At Present In District Jail, Dausa)

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----Petitioner

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Versus

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Mukesh Kumar Meena S/o Gopiram, Aged About 32 Years, R/o Kotapatti, Tehsil Lawan, District Dausa Rajasthan

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State Of Rajasthan, Through Public Prosecutor

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----Respondents

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For Petitioner(s)	:	Mr. Ritesh Jain with
		Dr. Ramdeo Arya
For Respondent(s)	:	Mr. Mahendra Meena, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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25/01/2024

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This criminal misc. suspension of sentence application has been preferred against the order dated 06.10.2023 passed by learned Special Judicial Magistrate (N.I. Act Cases) Court Dausa, District Dausa, wherein, petitioner herein has been convicted and sentenced as under:-

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Offence under	Imprisonment	Fine	Sentence in
Section			default of fine
138 of N.I. Act	Six months’ S.I.	Rs.4,00,000/-

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Being aggrieved by the said order, an appeal was filed by the petitioner before the learned Sessions Judge, Dausa and the same

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[CRLR-106/2024]

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(2 of 4)

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has been dismissed by learned Appellate Court vide impugned order dated 06.01.2024.

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Learned counsel for the petitioner submits that learned Appellate Court while afÏrming the judgment of conviction of petitioner under Section 138 of N.I. Act sentenced him to undergo six months’ simple imprisonment along with fine of Rs.4,00,000/-. He further submits that during the course of the petition, Rs.80,000/- was deposited vide receipt No.0048 dated 18.11.2023.

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Learned counsel for the petitioner further submits that petitioner has wrongly been convicted and sentenced under Section 138 of N.I. Act. Petitioner is in custody since 06.10.2023. The decision of the revision petition may take considerable time, therefore, his sentence may be suspended.

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Learned Public Prosecutor vehemently opposes the suspension of sentence application.

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Heard learned counsel for the parties on the application seeking Suspension of Sentence.

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I have considered the rival arguments advanced by the parties and perused the judgments of the courts below.

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Looking to the facts and circumstances of the case, without commenting anything on the merits of the case and considering the fact that petitioner has already deposited Rs.80,000/- before the learned Appellate Court and petitioner is ready to deposit amount of Rs.2,00,000/- before the learned trial court, I consider it just and proper to suspend the sentence awarded to the accused petitioner subject to the condition that petitioner shall deposit Rs.2,00,000/- before the learned trial court within one month from the date of order.

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[CRLR-106/2024]

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(3 of 4)

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Accordingly, this application of Suspension of Sentence is allowed and it is ordered that the sentences passed by the learned Special Judicial Magistrate (N.I. Act Cases) Court Dausa, District Dausa vide judgment dated 06.10.2023 as afÏrmed by the learned Sessions Judge, Dausa vide judgment dated 06.01.2024 against the petitioner- Prahlad Meena S/o Bardi Narayan Meena shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail, 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 learned trial Judge for his appearance in this court on 28.02.2024 and whenever ordered to do so, till the disposal of the revision on the conditions indicated below:-

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

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That if the petitioner 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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Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

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The learned trial Court shall keep the record of attendance of the accused-petitioner in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedpetitioner was 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-petitioner does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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[CRLR-106/2024]

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(4 of 4)

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However, If petitioner fails to deposit the said amount in the aforesaid period then the suspension of sentence order shall come into end.

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Learned trial court is also directed to disburse the amount of Rs.2,00,000/- deposited by the petitioner to the complainant.

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(PRAVEER BHATNAGAR),J

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202-SURAJ KUMAR

Prahlad Meena S/O Bardi Narayan Meena v. Mukesh Kumar Meena S/O Gopiram

Case brief

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Prahlad Meena S/O Bardi Narayan Meena v. Mukesh Kumar Meena S/O Gopiram

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