Allowed

Ajay Soni S/O Kunji Lal v. Laxminarayan Dhanawat S/O Shri Jagannath

Rajasthan HC15 Jul 2025SOSR/270/2025

Case brief

AI extract

What is this about?

Conviction under Section 138 NI Act with two years' simple imprisonment and fine was upheld on appeal; the accused sought suspension of sentence pending revision. The High Court allowed suspension subject to depositing Rs.1,60,000 by demand draft and furnishing a personal bond of Rs.1,00,000 with surety.

What did the court decide?

Sentence suspended till final disposal of revision petition, conditional on Rs.1,60,000 deposit and personal bond of Rs.1,00,000 with one surety.

Ajay Soni S/O Kunji Lal Vs Laxminarayan Dhanawat S/O Shri… — 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. (Suspension of Sentence) Application No.270/2025

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S.B. Criminal Revision Petition No. 1192/2025

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Ajay Soni S/o Kunji Lal, R/o 111, (Old No. 118) Krishna Vatika, Opposite Jain Mandir, Vill-Vatika, Police Station-Sanganer, Jaipur (Raj.) At Present Confined At Central Jail, Jaipur (Raj.).

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----Petitioner

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Versus

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Laxminarayan Dhanawat S/o Shri Jagannath, R/o 32/180, Pratap Nagar, Sector-3, Opposite Shiv Hanuman Mandir, Sanganer, Jaipur.

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State of Rajasthan, Through PP Rajasthan High Court Jaipur Bench Jaipur.

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----Respondents

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For Petitioner(s) : Mr. D.D. Khandelwal, Adv. For Respondent(s) : Mr. R.S. Shekhawat, P.P.

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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 parties on the application for suspension of sentence.

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The revision petition has been filed against the order dated 05.08.2024 passed by the learned trial Court in Criminal Case No.4004/2021, whereby, the accused-petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo two years simple imprisonment along with fine of Rs.8,00,000/- and in default of payment of fine, to further undergo one month additional simple

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[SOSR-270/2025 in CRLR1192/2025]

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(2 of 3)

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imprisonment. An appeal was preferred by the accused 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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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, Ajay Soni S/o Kunji Lal is suspended till final disposal of the revision petition, provided he deposits a sum of Rs.1,60,000/- 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 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-270/2025 in CRLR1192/2025]

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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 /23

Ajay Soni S/O Kunji Lal v. Laxminarayan Dhanawat S/O Shri Jagannath

Case brief

What is this about?

What did the court decide?

Ajay Soni S/O Kunji Lal v. Laxminarayan Dhanawat S/O Shri Jagannath

Case brief

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What did the court decide?

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