Rajasthan High Court - Jodhpur
Chhitarmal Bairwa vs . State Of Rajasthan & Anr. on 8 April, 2015
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
1
S.B. CRIMINAL MISC. PETITION NO.774/2015
Chhitarmal Bairwa Vs. State of Rajasthan & Anr.
Date of order : 08.04.2015
HON'BLE MR. JUSTICE VIJAY BISHNOI
Mr. Ankur Patni) Mr. T.C. Vyas ) for the petitioner. Mr. Vikram Rajpurohit, Public Prosecutor. Learned counsel for the petitioner has submitted that learned Sessions Judge, Jaisalmer vide order dated 19.3.2015 has illegally imposed a condition of depositing 50% of the cheque amount while suspending sentence of the petitioner awarded by the trial court in Regular Criminal Case No.25/2012 convicting the petitioner for the offence punishable under Section 138 Negotiable Instrument Act. Learned counsel for the petitioner has placed reliance on the judgment of Jaipur Bench of this court rendered in Amarveer Singh Vs. State of Rajasthan & Ors. reported in 2010(1) Cr.L.R. (Raj.) 414.
Issue notice. Issue notice of stay petition also.
Learned Public Prosecutor accepts notice on behalf of the respondent No.1 State. Let notice be issued to respondent No.2 only, returnable within four weeks. 2
Meanwhile, the condition of depositing 50% of cheque amount imposed by the Sessions Judge, Jaisalmer vide order dated 19.3.2015 shall remain stayed.
[VIJAY BISHNOI],J.
Babulal/ 28