Nilesh Rawat Proprietor M/S Rawat … vs Smt. Rekha Gupta Wife Of Sh. Anil Gupta on 14 May, 2025

Rajasthan High Court – Jaipur

Nilesh Rawat Proprietor M/S Rawat … vs Smt. Rekha Gupta Wife Of Sh. Anil Gupta on 14 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.41/2025
                                        IN
             S.B. Criminal Revision Petition No. 229/2025

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.
                                                                    ----Petitioner
                                    Versus
1.       Smt. Rekha Gupta Wife Of Sh. Anil Gupta, Resident Of
         House No. 585/7, Rajapark, Near Lbs College, Jaipur
         (Raj).
2.       State Of Rajasthan, Through Public Prosecutor.

—-Respondents

For Petitioner(s) : Mr. Pradeep Malik, Adv., with
Mr. Kapil Nagayach, Adv.

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

HON’BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order
14/05/2025

Heard learned counsel for the parties on the application for

suspension of sentence.

The revision petition has been filed against the order dated

06.01.2023 passed by the learned trial Court in Criminal Case

No.511/2013, 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.3,20,000/- 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

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(2 of 2) [SOSR-41/2025 in CRLR-229/2025]

dismissed by the learned appellate Court while

affirming/modifying the order of the learned trial Court.

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.

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 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 /83

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