Prahlad S/O Shri Nanda Vs Bundi Tractors Sales and Services — Cheque Dishonour | Rajasthan HC (2025)

Prahlad S/O Shri Nanda Vs Bundi Tractors Sales and Services — Cheque Dishonour | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Second suspension of sentence application allowed: sentence of accused-applicant Prahlad suspended till final disposal of the revision petition, subject to deposit of Rs.1,00,000/- by Demand Draft in the name of the complainant in the learned trial Court, personal bond of Rs.1,00,000/- with one surety of the like amount, appearance on 20.08.2025, and delivery of the original Demand Draft to the complainant against an undertaking to refund with interest @7% per annum if the revision petition is decided against him.

Issue for consideration

Whether the second application for suspension of sentence of the accused-petitioner (convicted under Section 138 of the Negotiable Instruments Act, 1881) should be allowed during pendency of the revision petition.

Court's answer

The second application for suspension of sentence is allowed; the sentence of the accused-applicant Prahlad S/o Shri Nanda is suspended till final disposal of the revision petition, provided he deposits Rs.1,00,000/- by Demand Draft in the name of the complainant in the learned trial Court, furnishes a personal bond of Rs.1,00,000/- with one surety of the like amount, and appears before the Court on 20.08.2025.

Ratio / Principle

The original Demand Draft shall be delivered to the complainant subject to an undertaking that, if the revision petition is decided against him, he will refund the aforesaid amount along with interest @7% per annum.

Key takeaways

On the revision petition itself, notice was issued to the respondent, the record was called for, and the matter was directed to be listed after six weeks.ratio¶15

Detailed headnote1 paragraphs

Rajasthan High Court, Jaipur Bench (Uma Shanker Vyas, J., 18/07/2025): Second application for suspension of sentence under Section 148 of the Negotiable Instruments Act, 1881 allowed in a Section 138 NI Act matter. The accused-petitioner Prahlad, convicted by the trial Court in Criminal Case No.144/2013 (order dated 24.07.2018: one year simple imprisonment and fine of Rs.3,00,000/-, default three months simple imprisonment), whose appeal was dismissed by the appellate Court, had his sentence suspended till final disposal of S.B. Criminal Revision Petition No. 333/2025, conditioned on (i) deposit of Rs.1,00,000/- by Demand Draft in the name of the complainant in the trial Court, (ii) personal bond of Rs.1,00,000/- with one surety of the like amount, and (iii) appearance before the Court on 20.08.2025. The original Demand Draft is to be delivered to the complainant against an undertaking to refund the amount with interest @7% per annum if the revision petition is decided against him. The first suspension application No.66/2025 had been dismissed on 30.06.2025 for non-compliance with Rule 323 of the Rajasthan High Court Rules 1952. On the revision petition, notice was issued, record called for, and the matter listed after six weeks.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc. Second Suspension of Sentence Application No.286/2025

In

S.B. Criminal Revision Petition No. 333/2025

Prahlad S/o Shri Nanda, R/o Gram Prempura Post Aamli Tehsil And District Bundi (Raj)

----Petitioner

Versus

Bundi Tractors Sales And Services, Near Circuit House Bundi Through Proprietor Baldev Singh S/o Shravan Singh R/o 41, 42 New Colony Bundi Tehsil And District Bundi Rajasthan

----Respondent

For Petitioner(s)	: Mr. Sudarshan Kumar Laddha,Adv.
For Respondent(s)	:

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Judgment / Order

18/07/2025

S.B. Criminal Revision Petition No. 333/2025:-

Issue notice to the respondent.

Record be called for.

List after six weeks.

S.B. Criminal Misc. Second Suspension of Sentence

Application No.286/2025:-

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

The revision petition has been filed against the order dated 24.07.2018 passed by the learned trial Court in Criminal Case

[SOSR-286/2025]

(2 of 3)

No.144/2013, 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.3,00,000/- and in default of payment of fine, to further undergo three months simple 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.

The first suspension of sentence application No.66/2025 was dismissed by this Court vide order dated 30.06.2025 on the premise that compliance of Rule 323 of the Rajasthan High Court Rules 1952 has not been made.

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 second application for suspension of sentence is allowed. The sentence of the accused-applicant namely, Prahlad S/o Shri Nanda is suspended till final disposal of the revision petition, provided he deposits a sum of Rs.1,00,000/- 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

[SOSR-286/2025]

(3 of 3)

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 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 /03