Allowed

Ramprakash S/O Banshi Lal v. State of Rajasthan

Rajasthan HC21 Jul 2025SOSR/276/2025

Case brief

AI extract

What is this about?

Conviction under Section 138 of the Negotiable Instruments Act affirmed in appeal; accused sought suspension of sentence pending revision. Court allowed suspension on depositing Rs.15,000 with the trial court for the complainant and furnishing a personal bond of Rs.1,00,000 with one surety.

What did the court decide?

Sentence suspended till final disposal of revision; deposit of Rs.15,000 by demand draft to complainant and personal bond of Rs.1,00,000 with one surety.

Ramprakash S/O Banshi Lal Vs State of Rajasthan — 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.276/2025

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S.B. Criminal Revision Petition No.1218/2025

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Ramprakash S/o Banshi Lal, Aged About 61 Years, Resident Of Near ACC Factory Harijan Basti Lakheri District Bundi (Raj.) (The Accused Is Confined At Central Jail Kota) ----Petitioner

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Versus

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State of Rajasthan, Through Public Prosecutor

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Rakesh S/o Durga Shankar, Jain Mandir Ki Gali, Khatkad Tehsil District Bundi (Raj.) ----Respondents

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For Petitioner(s) : Mr. Manish K. Sharma, Adv. For Respondent(s) : Ms. Manju Dave, P.P.

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

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21/07/2025

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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 22.03.2022 passed by the learned trial Court in Regular Criminal Case No.390/2015, whereby, the accused-petitioner has been convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo Simple Imprisonment (S.I.) of 4 months along with fine of Rs.52,960/and in default of payment of fine, to further undergo S.I. of 1 month. 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 is behind the bars and his financial position is not sound. However, he is ready to deposit the amount as may be ordered by this Court.

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I have perused the relevant provisions of law.

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(2 of 2) [SOSR-276/2025 in CRLR1218/2025]

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Section 148 of the Negotiable Instruments Act, 1881 provides that in an appeal by drawer against conviction under Section 138, the appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the learned trial Court. Thus, it is clear that in appropriate cases, this amount can be more than 20%.

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Considering the facts and circumstances of the case, this application for suspension of sentence is allowed. The sentence of the accused-applicant namely, Ramprakash S/o Banshi Lal is suspended till final disposal of the revision petition, provided he deposits a sum of Rs.15,000/- 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 25^th August, 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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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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DANISH USMANI /80

Ramprakash S/O Banshi Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramprakash S/O Banshi Lal v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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