MOHAMMAD SARIF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dtd. 11/6/2024 passed by Special Metropolitan Magistrate No.1, Jodhpur Metropolitan, District Jodhpur in Criminal Original Case No.983/2019 whereby he was convicted and sentenced to suffer maximum imprisonment of six months' under Ss. 138 of NI Act. The appellant then filed an appeal before learned Addl. Session Judge No.4, Jodhpur Metro, whereafter vide order dtd. 11/4/2025 in Criminal Appeal No.242/2024 he uphold the abovementioned order.

(2.) It is contended on behalf of the applicant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court; hearing of the revision is likely to take long time, therefore, the application for suspension of sentence may be granted.

(3.) Per contra, learned public prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the petitioner on application for suspension of sentence.