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2013 DIGILAW 905 (RAJ)

Dharamraj v. Navneet Singh Solanki

2013-05-06

NARENDRA KUMAR JAIN II

body2013
JUDGMENT : Narendra Kumar Jain-II, J. Heard learned counsel for the petitioner as well as learned counsel for the respondent on the application under Section 397(1) Cr.P.C. filed on behalf of the accused-petitioner, Dharamraj for suspension of sentence imposed vide judgment dated 22.07.2011 passed by Additional Civil Judge (J.D.) and Judicial Magistrate No.6, Ajmer in Case No.280/2009, whereby the petitioner was convicted for offence under Section 138 of the Negotiable Instruments Act and sentenced to one year's simple imprisonment with fine of Rs. 6,15,000/-, in default of payment of fine, to undergo further one month's simple imprisonment. Learned First Appellate Court, i.e. Additional Session Judge, No. 3, Ajmer vide judgment dated 13.02.2013 in Criminal Appeal No. 117/2011 dismissed the appeal filed by the accused-petitioner and maintained the judgment passed by the trial court. 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. No alleged prima facie case is made out against the petitioner. The decision of this revision petition is likely to take time. Therefore, the sentence imposed upon the accused-petitioner may be suspended during pendency of this revision petition. 3. Learned counsel for the respondent opposed the prayer of learned counsel for the petitioner and supported the judgments and orders passed by both the Courts below. 4. Having considered the facts and circumstances of the case, but without expressing any opinion on the merits of the case, I am inclined to suspend the sentence of the accused-petitioner. 5. Accordingly, the application for suspension of sentence filed under Section 397(1) Cr.P.C. is allowed and it is ordered that if the petitioner Dharamraj S/o. Shri Bhanwar Lal deposits the cheque amount, i.e. a sum of Rs. 6,00,000/-(Rupees Six Lakhs) with the concerned court, the sentence awarded to him judgment dated 22.07.2011 passed by Additional Civil Judge (J.D.) and Judicial Magistrate No. 6, Ajmer in Case No.280/2009 and affirmed by Additional Session Judge, No. 3, Ajmer vide judgment dated 13.02.2013 in Criminal Appeal No. 117/2011 shall remain suspended till final disposal of present revision petition, provided he executes a personal bond in the sum of Rs. 40,000/-(Rupees Forty Thousand) along with two sureties in the sum of Rs. 40,000/-(Rupees Forty Thousand) along with two sureties in the sum of Rs. 20,000/-(Rupees Twenty Thousand) each to the satisfaction of the learned trial court, for his appearance before this Court on 06.06.2013 and as and when he is called upon to do so; with the incorporation in the bond that as and when he shifts from his place of residence, he shall intimate to this Court and his counsel about new place of residence. 6. It is however, made clear that if the amount of Rs. 6,00,000/-(Rupees Six Lakhs) is deposited by the petitioner, the same shall be disbursed to the respondent, Navneet Singh Solanki S/o. Shri Ghisa Lal Solanki on his furnishing an undertaking that in the event of revision petition succeeds, the aforesaid amount shall be repaid to the petitioner.