Allowed

Abdul Sattar Khan Son of Shri Shafi Mohammed v. Ahsan Ali Son of Shri Ghansi Khan

Rajasthan HC15 Jul 2025SOSR/264/2025

Case brief

AI extract

What is this about?

Second suspension-of-sentence application in a revision petition challenging conviction under Section 138 of the Negotiable Instruments Act with one year simple imprisonment and fine. The court allowed the suspension subject to deposit of Rs.6,10,000 and bond.

What did the court decide?

Suspension of sentence till disposal of revision, subject to Rs.6,10,000 deposit by demand draft and personal bond of Rs.1,00,000 with one surety.

Abdul Sattar Khan Son of Shri Shafi Mohammed Vs Ahsan Ali… — 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. 2^nd Suspension of Sentence Application No. 264/2025

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S.B. Criminal Revision Petition No. 214/2025

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Abdul Sattar Khan S/o Shri Shafi Mohammed, R/o A-1 Jaihind Nagar Second Behind Kureshi Meat Shop (Advan) Near Pulia R.k. Nagar Kota Rajasthan. (At present confined at Central Jail Kota)

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----Accused-Petitioner

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Versus

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Ahsan Ali S/o Shri Ghansi Khan, R/o Kotdi Behind Bajrang Daal Mill Kota Rajasthan

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----Complainant/Respondent

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For Petitioner(s)	: Mr. Abdul Rahim Khan,Adv.
For Respondent(s)	:

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Judgment / Order

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15/07/2025

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

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The revision petition has been filed against the order dated 30.05.2024 passed by the learned trial Court in Criminal Case No.2041/2015, 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.30,40,000/- and in default of payment of fine, to further undergo three months additional simple imprisonment. An appeal was preferred by the accused

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(2 of 3) [SOSR-264/2025 in CRLR-214/2025]

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against 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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The first suspension of sentence application No.37/2025 was dismissed by this Court vide order dated 04.07.2025 on the premise that compliance of Rule 323 of the Rajasthan Rules 1952 has not been made.

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Learned counsel for the accused-petitioner submits that the accused-petitioner was on bail during trial and he 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 second application for suspension of sentence is allowed. The sentence of the accused-applicant namely, Abdul Sattar Khan S/o Shri Shafi Mohammed is suspended till final disposal of the revision petition, provided he deposits a sum of Rs.6,10,000/- 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 18.08.2025 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

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(3 of 3) [SOSR-264/2025 in CRLR-214/2025]

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

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(UMA SHANKER VYAS),J

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YOGESH KUMAR /59

Abdul Sattar Khan Son of Shri Shafi Mohammed v. Ahsan Ali Son of Shri Ghansi Khan

Case brief

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Abdul Sattar Khan Son of Shri Shafi Mohammed v. Ahsan Ali Son of Shri Ghansi Khan

Case brief

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What did the court decide?

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