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PRAVEER BHATNAGAR
Shankarlal Agarwal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Praveer Bhatnagar, J.
The accused-petitioner Shankarlal Agarwal has preferred an application under Section 389 Cr.P.C for suspending the sentence during the pendency of the criminal revision filed against the order and judgment dated 18.11.2023 passed by learned Additional Sessions Judge No.2, Jaipur Metropolitan First, in Criminal Appeal No.05/2020 whereby, judgment dated 05.12.2019 passed by Special Metropolitan Magistrate (N.I. Act Cases) No.11, Jaipur Metropolitan, Jaipur was affirmed and accused-petitioner was convicted for the offences under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as "the Act of 1881") and was sentenced to undergo one year simple imprisonment with a fine of Rs. 14,00,000/-, in default of payment of fine which he was further ordered to undergo three months' simple imprisonment.
2. Learned counsel for the accused-petitioner submits that accused-petitioner has wrongly been convicted and sentenced by the learned appellate court. He further submits that complainant has admitted that he has received Rs. 2,00,000/- and only Rs. 7,17,500/- is in balance. The amount is not related to complainant's company and related to other compa
The appellate court's power to suspend sentences under Section 389 Cr.P.C is limited to exceptional circumstances; failure to comply with procedural rules results in denial of suspension.
A convicted individual must surrender before the court to maintain a revision under Sections 397 and 401 of the Criminal Procedure Code, as per the Allahabad High Court Rules.
The court held that the discretion to suspend a sentence post-conviction must be exercised judiciously, considering the nature of the offence and the likelihood of appeal success.
The serving of half of the sentence does not automatically entitle a convict to suspension of sentence.
An accused can file a revision and seek suspension of sentence without being in confinement, as per sections 397 and 389 of the Code of Criminal Procedure.
The main legal point established in the judgment is the mandatory requirement for a convicted person to surrender after their conviction for a revision petition to be tenable, as per Rule 48 of the M....
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