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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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