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2021 DIGILAW 1820 (RAJ)

Brijrani Daga v. State Of Rajasthan

2021-09-24

PANKAJ BHANDARI

body2021
JUDGMENT 1. Heard on application for suspension of sentence. 2. It is contended by counsel for the petitioner that the disputed cheques were issued in the name of Bhori Devi and Jata Shankar. Complaint was filed by Bhori Devi w/o Jata Shankar. Notices were also issued by Bhori Devi. After demise of Bhori Devi, Radha Mohan Sharma moved an application for substitution, alleging that he has Will in his favour, but no Will was produced before the Court. It is also contended that a notice was also issued to Shree Khetibari Beej Company. Shree Khetibari Beej Company has not been impleaded as an accused in the complaint. It is further contended that important legal issues are involved in this case. 3. Learned Public Prosecutor has opposed the application for suspension of sentence. 4. I have considered the contentions. 5. In view of the fact that cheques were issued in the name of Bhori Devi and Jata Shankar, whereas, complaint has been filed only by Bhori Devi and also taking note of the fact that there is Will, on the basis of which Radha Mohan Sharma has claimed substitution, hence I deem it proper to allow the application for suspension of sentence. 6. Accordingly, the application for suspension of sentence is allowed. It is ordered that the sentence awarded to accused- petitioner in Criminal Case No.1206/2007 (151/2005) shall remain suspended if the petitioner furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court to the effect that she shall appear before this Court as and when called upon to do so.