Rajasthan High Court – Jaipur
Gauri Sari Collection vs State Of Rajasthan on 20 May, 2025
Author: Uma Shanker Vyas
Bench: Uma Shanker Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. II Suspension of Sentence Application
No.182/2025
IN
S.B. Criminal Revision Petition No.320/2025
1. Gauri Sari Collection, Through M/s Pahanawa, Shop No.
L.g S. R 4, Navjeevan Plaza, Near Sarawagi Mansion
Jaipur Through Owner Vivek Mittal
2. Vivek Mittal S/o Unknown, Owner M/s Gouri Saree
Collection R/o 4856, Third Crossing, Sotiya Ke Mohalla,
Kundigar Bhairuji Ka Rasta, Johari Bazar Jaipur
----Petitioners
Versus
1. State Of Rajasthan, Through P.p
2. Surendra Kumar Tahalyani Son Of Late Shri Gullumal, R/o
Plot No. 807-C, Ashok Chowk, Adarsh Nagar, Jaipur.
----Respondents
For Petitioner(s) : Mr. Ramswaroop Meena, Adv.
For Respondent(s) : Ms. Manju Dave, P.P.
Mr. Vinod Kumar, Adv., with
Mr. Raj Kumar Tongawat, Adv.
HON’BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order
20/05/2025
Heard learned counsel for the parties on the second
application for suspension of sentence.
The revision petition has been filed against the order dated
01.09.2021 passed by the learned trial Court in Criminal Case
No.196/2019, 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 along with fine of Rs.4,60,000/- 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
dismissed by the learned appellate Court while
affirming/modifying the order of the learned trial Court.
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(2 of 2) [2nd SOSR-182/2025 in CRLR-
320/2025]
Learned counsel for accused-petitioners submits that the
accused-petitioner was on bail during trial as well as during
pendency of the appeal and he 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 second application for suspension of sentence is allowed. The
sentence of the accused-applicants namely, 1.Gauri Sari
Collection, Through M/s Pahanawa & 2.Vivek Mittal S/o
Unknown is suspended till final disposal of the revision petition,
provided accused-petitioner No.2 deposits a sum of Rs.1,00,000/-
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 23 rd 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 /05
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