DHARAMRAJ Vs. NAVNEET SINGH SOLANKI

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel for the respondent on the application under Section 397(1) Cr.P.C. filed on behalf of the accused-petitioner, Dharamraj for suspension of sentence imposed vide judgment dated 22.07.2011 passed by Additional Civil Judge (J.D.) and Judicial Magistrate No. 6, Ajmer in Case No. 280/2009, whereby the petitioner was convicted for offence under Section 138 of the Negotiable Instruments Act and sentenced to one year's simple imprisonment with fine of ' 6,15,000/-, in default of payment of fine, to undergo further one month's simple imprisonment. Learned First Appellate Court, i.e. Additional Session Judge, No. 3, Ajmer vide judgment dated 13.02.2013 in Criminal Appeal No. 117/2011 dismissed the appeal filed by the accused-petitioner and maintained the judgment passed by the trial court. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. No alleged prima facie case is made out against the petitioner. The decision of this revision petition is likely to take time. Therefore, the sentence imposed upon the accused-petitioner may be suspended during pendency of this revision petition.

(2.) Learned counsel for the respondent opposed the prayer of learned counsel for the petitioner and supported the judgments and orders passed by both the Courts below.

(3.) Having considered the facts and circumstances of the case, but without expressing any opinion on the merits of the case, I am inclined to suspend the sentence of the accused-petitioner.