Allowed

Nilesh Rawat Proprietor M/S Rawat Enterprises v. Anil Kumar Gupta H.U.F.

Rajasthan HC14 May 2025SOSR/42/2025

Case brief

AI extract

What is this about?

Conviction under Section 138 of the Negotiable Instruments Act with two years' simple imprisonment was challenged in revision. The High Court suspended the sentence pending revision, directing deposit of Rs.20,000 by demand draft to the complainant and a personal bond of Rs.1,00,000 with one surety.

What did the court decide?

Sentence suspended till final disposal of the revision petition, subject to deposit of Rs.20,000 by demand draft, personal bond of Rs.1,00,000 with one surety, and appearance as directed.

Nilesh Rawat Proprietor M/S Rawat Enterprises Vs Anil… — 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. Bail (Suspension of Sentence) Application No.42/2025

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S.B. Criminal Revision Petition No. 230/2025

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Nilesh Rawat Proprietor M/s Rawat Enterprises, Address C/o M/s National Kirana And General Store, Near Police Station, Factory Area, Jhotwara, Jaipur 302012 (Raj). (Presently Confined At Central Jail, Jaipur.

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----Petitioner

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Versus

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Anil Kumar Gupta H.u.f., Through Proprietor Anil Kumar Gupta, Resident Of House No. 585/7, Rajapark, Near Lbs College, Jaipur (Raj)

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State Of Rajasthan, Through Public Prosecutor.

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----Respondents

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For Petitioner(s) : Mr. Pradeep Malik, Adv., with Mr. Kapil Nagayach, 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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14/05/2025

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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 06.01.2023 passed by the learned trial Court in Criminal Case No.516/2013, 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 two years along with fine of Rs.1,60,000/- and in default of payment of fine, to further undergo S.I. of one month. An appeal was preferred by the accused against the said order which was

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(2 of 2) [SOSR-42/2025 in CRLR-230/2025]

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dismissed by the learned appellate Court while

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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 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, Nilesh Rawat Proprietor M/s Rawat Enterprises is suspended till final disposal of the revision petition, provided he deposits a sum of Rs.20,000/- 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 16^th June, 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 /84

Nilesh Rawat Proprietor M/S Rawat Enterprises v. Anil Kumar Gupta H.U.F.

Case brief

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Nilesh Rawat Proprietor M/S Rawat Enterprises v. Anil Kumar Gupta H.U.F.

Case brief

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