Allowed

Vallabh Kiradu v. State of Rajasthan

Rajasthan HC18 Mar 2024SOSR/45/2024

Case brief

AI extract

What is this about?

High Court at Jodhpur allowed suspension of sentence in a cheque dishonour case pending revision. Petitioner was released on bail upon depositing cheque amount and executing a personal bond with sureties.

What did the court decide?

Sentence suspended till final disposal of revision. Petitioner released on bail upon depositing cheque amount, executing personal bond in Rs.50,000 with two sureties of Rs.25,000 each, and complying w

Vallabh Kiradu Vs State of Rajasthan — 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.45/2024 IN

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S.B. Criminal Revision Petition No. 149/2024

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Vallabh Kiradu S/o Uma Shankar Kiradu, Aged About 45 Years, R/o Behind Mm Ground, Jawahar Nagar, Bikaner.

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M/s Uma Shankar Kiradu, Partnership Firm, Behind MM Ground, Jawahar Nagar, Bikaner.

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----Petitioners

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Versus

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State Of Rajasthan, Through PP

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Mangi Lal S/o Khema Ram, B/c Suthar, R/o House No. 3-B 11, Jai Narayan Vyas Colony, Bikaner.

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----Respondents

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For Petitioner(s) : Mr. Anil Gupta For Respondent(s) : Mr. Mukesh Trivedi, 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 28.06.2019 passed by the learned Special Judge (N.I. Act Cases) No.2, Bikaner in Criminal Original Case No.109/2012, whereby the petitioners were convicted for the offence under Section 138 of the N.I. Act and sentenced to suffer imprisonment of three months’ S.I. alongwith a fine of Rs.20,000/- and in default of payment of fine, further to undergo 15 days' additional imprisonment S.I. The said judgment has been affirmed by the by the learned Additional District and Sessions Judge, Bikaner vide judgment dated 19.08.2023 passed in Criminal Appl CIS 185/2019 (73/2019).

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

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[SOSR-45/2024]

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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. Presently he is not in custody. Hearing of the revision petition would likely take long time. He further submits that the petitioner is ready and willing to deposit the entire 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 the entire 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-petitioners.

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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 petitioners vide judgment dated 28.06.2019 passed by the learned Special Judge (N.I. Act Cases) No.2, Bikaner in Criminal Original Case No.109/2012 shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail subject to the

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[SOSR-45/2024]

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(3 of 3)

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condition that he shall deposit entire cheque amount 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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While furnishing bail bond, the petitioner shall deposite the entire cheque amount with the trial Court and whereafter his bail bond shall be attested. The amount so deposited by him shall be disbursed to the complainant immediately thereafter. The accused petitioner is not behind the bars and he need not to surrender. The warrant of arrest issued against him shall remain suspended till 20.04.2024.

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(FARJAND ALI),J

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5-Ashutosh/-

Vallabh Kiradu v. State of Rajasthan

Case brief

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Vallabh Kiradu v. State of Rajasthan

Case brief

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