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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