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2021 DIGILAW 862 (RAJ)

Roop Kaur Boda v. State Of Rajasthan

2021-04-16

DEVENDRA KACHHAWAHA

body2021
JUDGMENT S.B. Criminal Revision Petition No. 384/2021 1. Heard. Admit. Issue notice. Call for the record. Notice need not be issued as the respondent is represented through his counsel. S.B. Cri. Misc. Appl. (SOS) No.129/2021 2. Heard learned counsel for the applicant-petitioner, learned Public Prosecutor and learned counsel for the complainant. 3. Accused-petitioner has preferred this revision petition under Section 397/401 Cr.P.C. to challenge judgment dated 26.02.2021, passed by Additional Sessions Judge No.5, District Jodhpur (for short, 'learned appellate Court'), whereby learned appellate Court has confirmed judgment dated 28.08.2019, rendered by Special Metropolitan Magistrate (N.I. Act Cases) No.2, Jodhpur (for short, 'learned trial Court'). The learned trial Court, by its verdict dated 28.08.2019, indicted accused-petitioner for offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'Act') and handed down sentence of six months simple imprisonment with fine of Rs.36,000/- and in default further undergo two months simple imprisonment. 4. Learned counsel for the petitioner stated that petitioner is ready to deposit an amount of Rs.36,000/-towards due. He further submitted that petitoner has desposited a cheque amount of Rs.36,000/- before learned trial Court; Learned counsel has further stated that looking to the fact that petitioner is a lady, a linent view may be taken. 5. Learned counsel for the respondent-complainant is not in a position to controvert the aforesaid arguments of petitoner. 6. I have considered the rival arguments advanced by parties and perused the judgments of Courts below. Looking to the facts and circumstances of the case and looking to the fact that petitioner is a lady, I consider it just and proper to suspend the sentence awarded to applicant-petitioner. 7. Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that sentence passed by learned Special Metropolitan Magistrate (N.I. Act Cases) No.2, Jodhpur, in Cr. Original Case No.1113/2016 vide judgment dated 28.08.2019, as affirmed by learned Additional Sessions Judge No.5, District Jodhpur, vide judgment dated 26.02.2021 in Cr. 7. Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that sentence passed by learned Special Metropolitan Magistrate (N.I. Act Cases) No.2, Jodhpur, in Cr. Original Case No.1113/2016 vide judgment dated 28.08.2019, as affirmed by learned Additional Sessions Judge No.5, District Jodhpur, vide judgment dated 26.02.2021 in Cr. Appeal No.553/2019, against applicant-petitioner, Roop Kaur Boda W/o Dilip Raj Boda, shall remain suspended till final disposal of the aforesaid revision and she shall be released on bail subject to her depositing entire cheque amount, as mentioned in the impugned order dated 28.08.2019, and executing a personal bond in the sum of Rs.1,00,000/- with two sureties in the sum of Rs.50,000/-each to the satisfaction of learned trial Judge for her appearance in this Court on 18.05.2021 and whenever ordered to do so, till disposal of the revision on the conditions indicated below:- 1. That she will appear before the trial Court in the month of January every year till the revision is decided. 2. That if the applicant changes the place of residence, she will give in writing her changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address (s) to the trial Court. 8. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purposes relating to pendency and disposal of cases in the trial Court. In case the accused applicant fails to appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.