Dheeraj Kumar S/O Surajmal Verma Vs Atiqurrehman S/O Haji… — Cheque Dishonour | Rajasthan HC (2026)

Dheeraj Kumar S/O Surajmal Verma Vs Atiqurrehman S/O Haji… — Cheque Dishonour | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Suspension of execution of sentence during pendency of the revision petition, conditioned on deposition of 30% of the compensation amount by way of Demand Draft in favour of the respondent-complainant, furnishing a personal bond of Rs.1,00,000 with two sureties of the like amount subject to satisfaction of the learned Trial Court, and appearance before the Court on 06.03.2026 and thereafter as and when called upon.

Issue for consideration

Whether the execution of the sentence of simple imprisonment of one year with compensation of Rs.7,00,000/- imposed on the petitioner by the trial Court and confirmed by the Appellate Court should be suspended during pendency of the revision petition.

Court's answer

The application for suspension of sentence is allowed; execution of the sentence awarded to the accused-petitioner by the trial Court and confirmed by the Appellate Court shall remain suspended during pendency of the revision petition, subject to deposition of 30% of the compensation amount by Demand Draft in favour of the respondent-complainant and furnishing a personal bond of Rs.1,00,000 with two sureties of the like amount, with an undertaking to appear before the Court on 06.03.2026 and thereafter as called upon.

Ratio / Principle

Bail bonds of the petitioner shall be accepted only upon deposition of 30% of the compensation amount in favour of the complainant, and upon submission of an application by the complainant, the deposited amount shall be handed over by the learned Trial Court to the complainant.

Detailed headnote1 paragraphs

Suspension of sentence granted in a Section 138 NI Act matter. Dheeraj Kumar, convicted by the Additional Chief Judicial Magistrate, Ramganj Mandi (judgment dated 19.07.2023) with simple imprisonment of one year and compensation of Rs.7,00,000/- on the complaint of Atiqurrehman, and confirmed by the Additional Sessions Judge, Ramganj Mandi on 23.09.2025, sought suspension of sentence during pendency of S.B. Criminal Revision Petition No. 1936/2025. Vinod Kumar Bharwani, J. allowed the application (order dated 06/02/2026): execution of sentence suspended subject to deposition of 30% of the compensation by Demand Draft in favour of the complainant, personal bond of Rs.1,00,000 with two sureties of the like amount, and appearance before the Court on 06.03.2026. Bail bonds to be accepted only upon the 30% deposit, which is to be handed over to the complainant on his application.

[2026:RJ-JP:5701]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc. Suspension of Sentence Application No.495/2025

In

S.B. Criminal Revision Petition No. 1936/2025

Dheeraj Kumar S/o Surajmal Verma, R/o Ramganjmandi, District Kota (Rajasthan). (Presently Confined In District Jail Jhalawar)

----Petitioner

Versus

Atiqurrehman S/o Haji Abdul Gafoor Bhai, R/o Suket, Tehsil Ramganjmandi, District Kota (Rajasthan).

----Respondent

For Petitioner(s) : Mr. Nitin Kumar Sharma For Respondent(s) :

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order

06/02/2026

Heard on application for suspension of sentence.

In the instant case, on the complaint filed by the respondent under Section 138 of the Negotiable Instruments Act,1881 after trial, the Court of Additional Chief Judicial Magistrate, Ramganj Mandi, District Kota (Raj.) (hereinafter to be referred as 'the trial Court') vide its judgment dated 19.07.2023 convicted the petitioner for the aforesaid offence and awarded sentence of simple imprisonment of one year alongwith compensation of Rs.7,00,000/-.

The judgment of the trial Court was unsuccessfully challenged by the petitioner before the Additional Sessions Judge, Ramganj Mandi, Kota (Raj.) (hereinafter to be referred as 'the

[2026:RJ-JP:5701]

[SOSR-495/2025]

(2 of 3)

Appellate Court') and the learned Appellate Court also maintained the judgment passed by the learned trial Court vide judgment dated 23.09.2025.

Learned counsel for the petitioner submits that the respondent had fraudulently misused the disputed blank cheque and filed a false complaint and both the learned Courts below have committed serious error of law and jurisdiction by not appreciating the fact that the cheque in question was never issued by the petitioner for discharge of legal liability. Learned counsel also submits that the petitioner is ready and willing to deposit 30% of the compensation amount. Therefore, it is prayed that during pendency of the revision petition, sentence imposed upon the petitioner by the learned Trial Court and confirmed by the Appellate Court be suspended.

Perused the impugned judgments as well as the record of the learned Courts below. 6. In view of above, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to the accused-petitioner, namely; Dheeraj Kumar S/o Surajmal Verma by the learned Trial Court and confirmed by the learned Appellate Court shall remain suspended during pendency of the revision petition, subject to deposition of 30% of the compensation amount by way of Demand Draft in favour of respondent-complainant by the petitioner as well as on furnishing personal bond of Rs.1,00,000 as well as two sureties each of the like amount subject to satisfaction of the learned Trial Court with the stipulation that he shall appear before this Court on

[2026:RJ-JP:5701]

[SOSR-495/2025]

(3 of 3)

06.03.2026 and thereafter, as and when he is called upon to do so. It is made clear that bail bonds of the petitioner shall be accepted only on deposition of 30% of the compensation amount in favour of the complainant and on submitting application by complainant, same shall also be handed over by the learned Trial Court to the complainant.

(VINOD KUMAR BHARWANI),J

SAURABH /48