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2021 Supreme(Raj) 816
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Pankaj Bhandari, J.
Brijrani Daga - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Criminal Misc. Suspension of Sentence Application No. 243/2021 in S.B. Criminal Revision Petition No. 942/2021
Decided on : 24-09-2021
Mr. Raj Kumar Yadav with Mr. Amit Kumar Soni Mr. Saurav Harsh, , Advocate, for the Petitioner; Mr. Bhawani Shankar Sharma, PP, for the Respondent
The court considered the discrepancy in the parties named in the cheques and the complaint, as well as the lack of production of the claimed Will for substitution, in allowing the application for suspension of sentence.
Headnote:
Suspension of Sentence - Disputed Cheques - Legal Issues
Fact of the Case:
The disputed cheques were issued in the name of Bhori Devi and Jata Shankar. Complaint was filed only by Bhori Devi. After the demise of Bhori Devi, Radha Mohan Sharma moved an application for substitution, alleging that he has a Will in his favor, but no Will was produced before the Court. Important legal issues were contended to be involved in the case.
Finding of the Court:
The court found that since the cheques were issued in the name of both Bhori Devi and Jata Shankar, and the complaint was filed only by Bhori Devi, and considering the claim of substitution based on a Will without its production, the application for suspension of sentence was allowed.
Issues: Disputed cheques, complaint filed by only one party, claim of substitution based on a Will without its production, legal issues involved
Ratio Decidendi: The court's decision was influenced by the discrepancy between the parties named in the cheques and the complaint, as well as the lack of production of the claimed Will for substitution.
Final Decision: The application for suspension of sentence was allowed, with the condition of furnishing a personal bond and sureties.
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.
