Gopal Sharma S/o Natthuram Sharma v. Ratiram Yadav Yadav S/o Late Shriram Yadav

Gopal Sharma S/o Natthuram Sharma v. Ratiram Yadav Yadav S/o Late Shriram Yadav

(High Court Of Rajasthan, Jaipur Bench)

Criminal Revision No. 626 of 2018 with S.B. Criminal Misc. Suspension of Sentence Application No. 175 of 2018 | 07-05-2018

Deepak Maheshwari, J. - Heard learned counsel for the parties on the application for suspension of sentence.

2. Learned counsel for the petitioner submits that the accused petitioner is behind the bar since 8.4.2018. Counsel for the petitioner submits that out of the four cases pending between same parties for dishonor of the cheque, in three cases petitioner has been acquitted. Counsel further submits that there is no other case pending against the petitioner except this present case. He was on bail during pendency of the appeal.

3. The petitioner has been convicted for the offence under section 138 NI Act and sentenced with a maximum of one year simple imprisonment along with fine as per judgment dated 6.4.2018 passed by learned Lower Appellate Court.

4. Learned counsel appearing for the complainant has vehemently opposed the prayer.

5. Having considered the rival arguments, it is ordered that if the accused-petitioner deposites 50% of the amount of fine imposed i.e. Rs. 1,20,000/- within a period of two weeks from today, the sentence passed by the learned trial court and affirmed by the learned Additional Session Judge No.12, Jaipur Metropolitan vide his judgment dated 6.4.2018 passed in Criminal Appeal No.1583/2017 against the accused-petitioner Gopal Sharma S/o Natthuram Sharma shall remain suspended till final disposal of present revision petition, after depositing the aforesaid amount during pendency of this revision petition provided he executes a personal bond in the sum of Rs. 1,00,000/- along with two sureties in the sum of Rs. 50,000/- each to the satisfaction of the trial court for his appearance in this Court on 31.5.2018 and, as and when called upon to do so. List alongwith connected case.

Advocate List
Bench
  • HON'BLE JUSTICE MR. DEEPAK MAHESHWARI, J.
Eq Citations
  • LQ/RajHC/2018/1043
Head Note

Weights and Measures Act, 1976 — S. 27 — S. 138 Negotiable Instruments Act, 1881 — Revision — Suspension of sentence — Prayer for — Accommodating, court directed petitioner to deposit 50% of fine imposed and execute personal bond with two sureties — Sentence of imprisonment to remain suspended till final disposal of revision petition — Penal Code, 1860, S. 38