[2025:RJ-JP:50466]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Misc. Application for Suspension of Sentence

No.583/2025

IN

S.B. Criminal Revision Petition No.2299/2025

Balaji Enterprises through proprietor Ishwar Goyal S/o Dwarka Prasad R/o 1/1977 A-Ram Nagar Modern Shahdara Delhi

110032.

(At present confined at District Jail Alwar)

----Accused/Petitioner

Versus

1. Proofex Packaging Pvt. Ltd., through Director Shri

Dayaram Bhidudi R/o J-1042, Phase Third, RIICO

Industrial Area Bhiwadi, Tehsil Tijara Alwar.

2. State of Rajasthan through its Public Prosecutor.

----Respondents

For Petitioner(s) : Mr. Sanjay Khan

For Respondent(s) : Mr. Vivek Sharma, PP

Mr. Raj Kumar Kasana

HON'BLE MR. JUSTICE ANAND SHARMA

Order

15/12/2025

1. Heard on application for suspension of sentence.

2. It is submitted by learned counsel for the petitioner that while convicting the petitioner under Section 138 of the Negotiable Instruments Act, 1881, sentence of three months of simple imprisonment along with monetary fine of Rs.7,50,000/- was imposed upon the petitioner by the Court of Judicial Magistrate, Bhiwadi, District Alwar (hereinafter to be referred as

'the trial Court') vide judgment dated 19.12.2019.

3. Feeling aggrieved, petitioner filed appeal before the Court of Additional Sessions Judge, Bhiwadi, District Khairthal- Tijara (hereinafter to be referred as 'the Appellate Court'), where the sentence was suspended by the Appellate Court vide order dated 27.01.2020 on the condition that the petitioner would deposit 20% of the fine imposed upon the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has complied with such directions and on account of compliance, petitioner's sentence remained suspended during the pendency of appeal. However, appeal filed by the petitioner was dismissed by the Appellate Court vide judgment dated

03.12.2025.

5. Learned counsel for the petitioner further submits that both the Courts below have committed serious error of law and jurisdiction by not appreciating the evidence properly as the cheque was not issued by the petitioner for discharge of legal liability. Therefore, it is prayed that during pendency of the revision petition, sentence imposed upon the petitioner by the trial Court and confirmed by the Appellate Court be suspended.

6. Learned Public Prosecutor as well as learned counsel for the complainant opposed the application for suspension of sentence.

7. In view of above, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to the accused-petition, namely; Ishwar Goyal S/o Dwarka Prasad (Proprietor of Balaji Enterprises) by the learned trial Court shall remain suspended during pendency of the revision petition, subject to deposition of additional 20% of the fine amount imposed by the learned trial Court by the petitioner as well as on furnishing personal bond of Rs.1 lakhs as well as two sureties of the like amount subject to satisfaction of the trial Court with the stipulation that he shall appear before this Court on 28.01.2026 and thereafter, as and when he is called upon to do so. It is made clear that only on deposition of additional 20% of the fine imposed by the trial Court, bail bonds on behalf of the petitioner shall be accepted.

(ANAND SHARMA),J DAKSH/33 Powerd by TCPDF (w.tcpdf.org)