Arvind Son Of Shri Madan vs State Of Rajasthan on 12 May, 2025

Rajasthan High Court – Jaipur

Arvind Son Of Shri Madan vs State Of Rajasthan on 12 May, 2025

Author: Uma Shanker Vyas

Bench: Uma Shanker Vyas

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

     S.B. Criminal Misc. Bail (Suspension of Sentence) Application
                                No.176/2025
                                        IN
             S.B. Criminal Revision Petition No. 830/2025

Arvind Son of Shri Madan, Resident Of House No. 135, Pashchim
Vihar Vaishali Nagar, Jaipur (Raj) Presently Resident Of Plot No.
80, Flat No. G-101, Shakti Vihar, Tonk Road, Jaipur (Raj)
(Presently Confined In Central Jail, Sewar Bharatpur)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Bablu Son Of Shri Kishori, Resident Of Khanpur Baroda Ki
         Dhani, Bandarpura Tehsil Gangapur City (Raj)
                                                                 ----Respondents

For Petitioner(s) : Mr. Rajneesh Gupta, Adv.

For Respondent(s)         :     Ms. Manju Dave, P.P.


       HON'BLE MR. JUSTICE UMA SHANKER VYAS
                 Judgment / Order
12/05/2025

Heard learned counsel for the parties on the application for

suspension of sentence.

The revision petition has been filed against the order dated

11.02.2020 passed by the learned trial Court in Criminal Case

No.543/2014, 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 one year and six months along with fine of Rs.5,50,000/- and in

default of payment of fine, to further undergo S.I. of two months.

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.

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(2 of 2) [SOSR-176/2025 in CRLR-830/2025]

Learned counsel for the accused-petitioner submits that the

accused-petitioner was on bail during trial as well as during

pendency of appeal and presently he is 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, Arvind S/o Shri

Madan is suspended till final disposal of the revision petition,

provided he deposits a sum of Rs.1,37,500/- 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 16th

June, 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

DANISH USMANI /109

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