Suresh Singh S/O Shri Bhagwan Singh Vs Mukesh Kumar Alias… — Cheque Dishonour | Rajasthan HC (2025)

Suresh Singh S/O Shri Bhagwan Singh Vs Mukesh Kumar Alias… — Cheque Dishonour | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Suspension of sentence till final disposal of Revision Petition No. 1240/2025, conditional on deposit of Rs.15,00,000/- by Demand Draft in favour of the complainant in the trial Court, a personal bond of Rs.1,00,000/- with one surety of the like amount, and appearance before the Court on 20.08.2025; the Demand Draft to be handed to the complainant against an undertaking to refund it with interest @7% per annum if the revision petition is decided against him.

Issue for consideration

Whether the sentence imposed on the accused-petitioner (one year simple imprisonment plus fine of Rs.55,00,000/- under Section 138 NI Act, upheld in appeal) should be suspended till final disposal of the revision petition, subject to conditions including an interim deposit under Section 148 NI Act.

Court's answer

In view of the provision of Section 148 of the Negotiable Instruments Act, 1881 and the facts and circumstances of the case, the application for suspension of sentence is allowed and the sentence of the accused-applicant Suresh Singh is suspended till final disposal of the revision petition.

Ratio / Principle

Suspension is conditional upon the accused depositing Rs.15,00,000/- by Demand Draft in the name of the complainant in the trial Court, furnishing a personal bond of Rs.1,00,000/- with one surety of the like amount, and appearing before this Court on 20.08.2025 and thereafter as and when called upon.

Key takeaways

The original Demand Draft shall be delivered to the complainant subject to his undertaking in the trial Court that, if the revision petition is decided against him, he will refund the amount along with interest @7% per annum.ratio¶20

Detailed headnote1 paragraphs

Rajasthan High Court, Jaipur Bench (Uma Shanker Vyas, J.; order dated 18.07.2025): In S.B. Criminal Misc. Bail Application for Suspension of Sentence No.281/2025 arising in S.B. Criminal Revision Petition No.1240/2025, where the accused-petitioner Suresh Singh stood convicted under Section 138 of the Negotiable Instruments Act, 1881 by the trial Court's order dated 11.12.2024 in Criminal Case No.146/2019 (one year simple imprisonment plus fine of Rs.55,00,000/-, with two months additional simple imprisonment on default), affirmed in appeal, the Court, invoking Section 148 NI Act, allowed suspension of sentence till final disposal of the revision petition, conditional upon deposit of Rs.15,00,000/- by Demand Draft in the complainant's name in the trial Court, a personal bond of Rs.1,00,000/- with one surety of the like amount, and appearance before the Court on 20.08.2025; the Demand Draft is to be delivered to the complainant against an undertaking to refund it with interest @7% per annum should the revision petition be decided against him.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc. Bail Application for Suspension of Sentence No.281/2025

In

S.B. Criminal Revision Petition No. 1240/2025

Suresh Singh S/o Shri Bhagwan Singh, Aged About 65 Years, R/o Village Jaghina, Tehsil And District Bharatpur, At Present House No. A-4, Ranjeet Nagar, Bharatpur, Police Station Kotwali, Bharatpur (Rajasthan). Presently Lodged At Central Jail Bharatpur)

----Petitioner

Versus

Mukesh Kumar Alias Mukesh Singh S/o Shri Tej Singh, R/o Bhawanpura Village Jaghina Tehsil and District Bharatpur (Rajasthan)

----Respondent

For Petitioner(s)	: Mr.	Sudhir Jain,Adv.
For Respondent(s)	: Mr.	Umesh Kumar Sharma,Adv.

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

18/07/2025

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

The revision petition has been filed against the order dated 11.12.2024 passed by the learned trial Court in Criminal Case No.146/2019, 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.55,00,000/- and in default of payment of fine, to further undergo two months additional simple

[SOSR-281/2025 in CRLR1240/2025]

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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.

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.

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, Suresh Singh S/o Shri Bhagwan Singh is suspended till final disposal of the revision petition, provided he deposits a sum of Rs.15,00,000/- 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 20.08.2025 and thereafter as and when called upon to do so.

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

[SOSR-281/2025 in CRLR1240/2025]

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will refund the aforesaid amount along with interest @7% per

annum.

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

(UMA SHANKER VYAS),J

YOGESH KUMAR /23