Allowed

Ramesh Soni v. State of Rajasthan

Rajasthan HC4 Jul 2025SOSR/81/2025

Case brief

AI extract

What is this about?

The court allowed the second application for suspension of sentence, suspending the one-year imprisonment and fine imposed for an offence under Section 138 of the Negotiable Instruments Act until the final disposal of the revision petition, subject to the deposit of a specified amount.

What did the court decide?

Sentence suspended till final disposal of revision petition subject to deposit of Rs. 1,00,000/- by DD and furnishing personal bond of Rs. 1,00,000/- with one surety.

Ramesh Soni Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2025)

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[2025:RJ-JP:24592]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. II Suspension of Sentence Application No.81/2025

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S.B. Criminal Revision Petition No.1603/2024

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Ramesh Soni, Resident of House No. 1688, Andar Ka Chowk, Jadiyon Ka Rasta Choda Rasta, Jaipur. (At Present Accused Petitioner Confined In Central Jail Jaipur)

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----Petitioner

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Versus

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Amit Saini Son of Shri Pratap Singh Saini, Resident Of 1117, Gudwalon Ke Chek, Mishra Rajaji Ka Rasta, Chandpole Bazar, Jaipur

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State of Rajasthan, Through P.P.

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----Respondents

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For Petitioner(s) For Respondent(s)

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: Mr. Om Prakash Sharma, Adv. : Mr. Onkar Singh Rajpurohit, P.P.

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

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04/07/2025

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

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The revision petition has been filed against the order dated 30.03.2024 passed by the learned trial Court in CIS Regular Case No.102502/2018, 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 (SI) along with fine of Rs.10,50,000/- and in default of payment of fine, to further undergo two months SI. An appeal was preferred by the accused against the said order which was

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[2025:RJ-JP:24592]

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(2 of 3) [SOSR-81/2025 in CRLR-1603/2024]

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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 the course of trial and appeal and presently he 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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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 second application for suspension of sentence is allowed. The sentence of the accused-applicant namely, Ramesh Soni 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 shall also furnish 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 05^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

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[2025:RJ-JP:24592]

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(3 of 3) [SOSR-81/2025 in CRLR-1603/2024]

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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.

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(UMA SHANKER VYAS),J

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DANISH USMANI /01

Ramesh Soni v. State of Rajasthan

Case brief

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Ramesh Soni v. State of Rajasthan

Case brief

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