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Judgment
Heard on the application for suspension of sentence. This application for suspension of sentence has been filed by the petitioner along with the
Criminal Revision Petition to suspend the sentence awarded by Special Judicial Magistrate (N.I.Act) Cases) No.1, Kota vide judgment dated
12.04.2018 in Criminal Case No. 8372/2017(C.I.S. No.4692/2014) (Old Cases no.602/2010 358/2012) and confirmed by Additional Session Judge
No.3, Kota vide judgment dated 17.07.2019 in Criminal Appeal No. 270/2018 (CIS No.270/2018).
Counsel for the petitioner submits that no case under Section 138 NI Act is made out. However, the accused-petitioner has made payment of
Rs.5,00,000/- (Three demand drafts) copy of which has been submitted before the Court for perusal. Counsel for the complainant has received the
DD of Rs. 5,00,000/-. The hearing of revision will take time. In these circumstances, counsel for the petitioner prays for suspending the sentence
award to the petitioner.
On the other hand, learned Public Prosecutor has opposed the application.
Having heard the learned counsel for the parties and carefully scanned the entire material available on record, but without expressing any opinion on
the merits and demerits of the case, this application for suspension of sentence is allowed. It is ordered that the sentence awarded to the petitioner
Smt. Brijbala Goyal W/o Late Shri Mukesh Goyal, by the trial court/appellate court shall remain suspended during the pendency of this Revision
Petition, provided the petitioner furnishes a personal bond of Rs. 50,000/- (Rupees Fifty Thousand) together with two sureties of Rs. 25,000/- (Rupees
Twenty Five Thousand) each to the satisfaction of learned trial court with the stipulation that she shall appear before this Court on 5.3.2020 and
thereafter, as and when called upon to do so.