RAJESH PRAJAPATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) It has been submitted on behalf of the petitioner that vide judgment dtd. 31/8/2019, the petitioner was convicted under Sec. 138 of the Negotiable Instruments Act, 1881 and was sentenced to one year simple imprisonment along with fine of Rs.4,86,000.00. In criminal appeal, the learned Appellate Court directed to suspend the sentence of the petitioner on furnishing of bail bonds with further additional condition of depositing 20 per cent of the fine/compensation amount imposed by the trial court.

(2.) The petitioner failed to deposit the 20 per cent of the fine amount within prescribed time due to COVID-19 situation and economic difficulties. The learned Appellate Court has vide order dtd. 2/3/2021 dismissed the application for extension of time to deposit the fine amount and the order suspending the sentence was vacated. Therefore, this petition has been filed with following prayer :-

(3.) In view of submissions and looking to the grounds mentioned in the petition, the same is allowed and the petitioner is allowed to deposit the amount as directed by the Appellate Court within ten days from today in the concerned Court. If the petitioner deposits the amount within ten days as directed by the learned Appellate Court, his sentence shall remain suspended in terms of order of the Appellate Court dtd. 26/9/2019.