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2018 DIGILAW 960 (RAJ)

Surendra Jain v. State of Rajasthan

2018-04-09

VIJAY BISHNOI

body2018
JUDGMENT Vijay Bishnoi, J. - This miscellaneous petition under Section 482 Cr.P.C., 1973 is filed by the petitioner being aggrieved with the order dated 21.1.2017, passed by Additional District & Sessions Judge No.1, Jodhpur Metropolitan in Criminal Appeal No.84/2015, whereby the petitioner is summoned through arrest warrant. 2. It is noticed that the petitioner was convicted and sentenced by the N.I. Act Court No.2, Jodhpur (hereinafter referred to as 'the trial court') in Case No.753/2014 vide order dated 6.11.2015 for the offence punishable under Section 138 of the Negotiable Instrument Act against which the petitioner has preferred the above referred appeal before the Additional District & Sessions Judge No.1, Jodhpur Metropolitan (hereinafter referred to as 'the appellate court'), wherein the appellate court while admitting the appeal of the petitioner has suspended the sentence of the petitioner and released him on bail. The appeal is pending before the appellate court, however, on 21.1.2017 the petitioner was absent and no application for exemption of his personal presence was filed and, therefore, the appellate court has cancelled the bail of the petitioner and has summoned him through warrant of arrest. 3. Counsel for the petitioner has submitted that due to some unavoidable circumstances the petitioner failed to appear before the appellate court, however, he prayed that one chance be given to the petitioner to appear before the trial court. 4. Having heard the counsel for the petitioner and after going through the order sheets, in the interest of justice one last opportunity is granted to the petitioner to appear before the trial court subject to the condition that he shall deposit the amount of Rs. 5000/- with the Legal Services Authority, Jodhpur. 5. Resultantly, this petition is disposed of. The arrest warrant issued against the petitioner pursuant to the order passed by the appellate court dated 21.1.2017 is kept in abeyance. The petitioner shall appear before the trial court tomorrow i.e. on 10.4.2018 alongwith the receipt of deposit of Rs. 5000/- with the Legal Services Authority, Jodhpur. On appearance, the petitioner is free to move fresh application for suspending the sentence before the appellate court. The appellate court is directed to decide the same strictly in accordance with law on the very same day. It is made clear that if the petitioner fails to appear before the trial court by tomorrow i.e. 10.4.2018 and also fails to deposit Rs. The appellate court is directed to decide the same strictly in accordance with law on the very same day. It is made clear that if the petitioner fails to appear before the trial court by tomorrow i.e. 10.4.2018 and also fails to deposit Rs. 5000/- with the Legal Services Authority, Jodhpur, no further opportunity will be granted to the petitioner and the order dated 21.1.2017, passed by the appellate court will automatically be revived.