Mohd Akhtar S/O Mohd. Iliyas v. Mohd Sajid Kesri S/O Raja Hussaini

Rajasthan HC1 Jul 2025SOSR/238/2025

Case brief

AI extract

What is this about?

Suspension of sentence under Section 148 NI Act pending revision; conditions: deposit of Rs.1.25 lakh, personal bond Rs.1 lakh with surety, appearance undertaking; refund undertaking with 7% interest.

What did the court decide?

Sentence suspended till final disposal of revision petition subject to deposit of Rs.1,25,000/- by demand draft, personal bond of Rs.1,00,000/- with one surety of like amount, and undertaking to appear before court on 01.08.2025. ¶19-20

Mohd Akhtar S/O Mohd. Iliyas Vs Mohd Sajid Kesri S/O Raja… — Cheque Dishonour | Rajasthan HC (2025)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Application for Suspension of Sentence No.238/2025

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S.B. Criminal Revision Petition No. 1093/2025

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Mohd Akhtar S/o Mohd Iliyas, Aged About 47 Years, R/o Bawdi Chouraha Panch Batti PS Kotwali Tonk Tehsil And District Tonk (Raj) (Presently Accused Is Behind The Bar In Central Jail Tonk)

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----Petitioner

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Versus

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Mohd Sajid Kesri S/o Raja Hussaini, Aged About 52 Years, R/o Panch Batti Bawdi Gali Awaj Khan Ward No 11 Tonk PS Kotwali Tonk Tehsil And District Tonk (Raj)

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----Respondent

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For Petitioner : Mr. Atul Kumar Jain, Adv.

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Judgment / Order

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01/07/2025

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Heard learned counsel for the petitioner on the application for suspension of sentence.

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The revision petition has been filed against the order dated 09.11.2023 passed by the learned trial Court in Criminal Case No.2414/2019, whereby, the accused-petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo one year simple imprisonment along with fine of Rs.6,00,000/- and in default of payment of fine, to further undergo one month additional simple imprisonment. An appeal was preferred by the accused against

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(2 of 3) [SOSR-238/2025]

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the said order which was dismissed by the learned appellate Court while affirming/modifying the order of the learned trial Court.

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Learned counsel for the accused-petitioner submits that the accused-petitioner was on bail during trial as well as during pendency of the appeal and is presently behind the bars. Learned counsel also submits that his financial position is not sound. However, he is ready to deposit the amount as ordered by this Court.

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Considering the provision of Section 148 of the Negotiable Instruments Act, 1881, and facts and circumstances of the case, this application for suspension of sentence is allowed. The sentence of the accused-applicant namely, Mohd Akhtar S/o Mohd Iliyas is suspended till final disposal of the revision petition, provided he deposits a sum of Rs.1,25,000/- by way of Demand Draft in the name of complainant in the learned trial Court and also furnishes a personal bond of Rs.1,00,000/- with one surety of the like amount to the satisfaction of the concerned trial Court with the stipulation that he shall appear before this Court on 01.08.2025 and thereafter as and when called upon to do so.

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It is also ordered that the original Demand Draft shall be delivered to the complainant subject to an undertaking to be furnished by the complainant in the learned trial Court to the effect that in case the revision petition is decided against him, he will refund the aforesaid amount along with interest @7% per annum.

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[SOSR-238/2025]

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(3 of 3)

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A copy of this order be sent to the concerned trial Court for

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compliance.

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(UMA SHANKER VYAS),J

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YOGESH KUMAR /116

Mohd Akhtar S/O Mohd. Iliyas v. Mohd Sajid Kesri S/O Raja Hussaini

Case brief

What is this about?

What did the court decide?

Mohd Akhtar S/O Mohd. Iliyas v. Mohd Sajid Kesri S/O Raja Hussaini

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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