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[2026:RJ-JD:5430]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc Suspension of Sentence Application

No.29/2026

IN

S.B. Criminal Revision Petition No. 121/2026

Lakhveer Singh S/o Shri Mukand Singh, Aged About 45 Years, R/

o Chak 3 Hrp Haripura Tehsil And Ps Sangaria District

Hanumangarh Rajasthan (Presently Lodged In Jail

Hanumangarh)

----Petitioner

Versus

1. State Of Rajasthan, Through Pp

2. Mahendra Kumar S/o Shri Lekhram, R/o Haripura Tehsil

And Ps Sangaria District Hanumangarh Raj. (Died)

3. Lajwanti W/o Late Shri Mahendra Kumar, R/o Haripura

Tehsil And Ps Sangaria District Hanumangarh Rajasthan

4. Sunita D/o Late Shri Mahendra Kumar, R/o Haripura Tehsil

And Ps Sangaria District Hanumangarh Rajasthan

----Respondents

For Petitioner(s) : Mr. Durgesh Khatri

For Respondent(s) : Mr. NS Chandawat, Dy.G.A.

Mr. Nishant Gaba

HON'BLE MR. JUSTICE FARJAND ALI

Order

30/01/2026

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

19.03.2025 passed by the learned Judicial Magistrate, Sangaria,

District Hanumangarh in Case No.32/2020(52/2023), whereby he

was convicted and sentenced to suffer Maximum imprisonment of

2 years’ S.I. under Section 138 of the N.I. Act alongwith a fine of

Rs.12,00,000/-.

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2. Learned counsel for the petitioner submits that the learned

trial court as well as the learned appellate court has committed an

error of law in appreciating the evidence brought on record,

therefore, the material would be required to be appreciated again.

The petitioner was on bail during trial and during the course of

appeal. Hearing of the revision petition would likely take long

time. He further submits that the petitioner is ready and willing to

deposit 50 per cent out of the cheque amount with the trial court.

3. Learned Public Prosecutor and learned counsel for the

complainant opposed the application for suspension of sentence.

4. Upon consideration of the grounds raised in the memo of the

revision, looking to the totality of facts and circumstances of the

case, the petitioner is willing to deposit 50 per cent of the cheque

amount with the trial court; he was on bail during the course of

trial and the hearing of revision is likely to take further more time

and considering the overall submissions while refraining from

passing any comments on the niceties of the matter and the

defects of the prosecution as the same may put an adverse effect

on hearing of the revision, this court is of the opinion that it is a fit

case for suspending the sentence awarded to the accused-

petitioner.

5. Accordingly, the application for suspension of sentence filed

under Section 397/401 Cr.P.C. is allowed and it is ordered that the

sentence passed by earned Judicial Magistrate, Sangaria, District

Hanumangarh in Case No.32/2020(52/2023) against the

petitioner-applicant Lakhveer Singh S/o Shri Mukand Singh shall

remain suspended till final disposal of the aforesaid revision and

he shall be released on bail subject to the condition that he shall

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deposit 50 per cent of the cheque amount with the trial court and

provided he executes a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- each to the satisfaction of the

learned trial Judge and whenever ordered to do so till the disposal

of the revision on the conditions indicated below:-

1. That he will appear before the trial Court in the

month of January of every year till the appeal is

decided.

2. That if the applicant changes the place of

residence, he will give in writing his 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 to the trial Court.

6. After receipt of the 50 p