Vardhman Jewellers @APPELLANT@Hash Suresh Kumar

Admit.

Issue notice.

Learned Public Prosecutor accepts notice on behalf of the respondent No.2-State.

Issue notice to the respondent No.1 only.

Call for the record.

Heard learned counsel for the parties on S.B. Suspension of Sentence (Revision) No.241/2018 and perused the impugned orders.

Learned counsel for the petitioner has submitted that the amount of cheque in question is Rs.2,00,000/-, however, the trial court has ordered that the

petitioner shall pay compensation to the tune of Rs.3,00,000/-. It is contended that the appellate court has affirmed the order passed by the trial court

while maintaining the amount of compensation to the tune of Rs.3,00,000/-. Learned counsel for the petitioner has further submitted that the petitioner

is ready to pay Rs.1,00,000/- to the respondent No.1 during the pendency of the criminal revision petition and therefore it is prayed that the sentence

awarded by the trial court and affirmed by the appellate court be suspended.

Per contra, learned Public Prosecutor has opposed the application for suspension of sentences.

Having considered the facts and circumstances of the case and keeping in view the fact that the petitioner is voluntarily ready to pay amount of

Rs.1,00,000/- to the respondent No.1, the application for suspension of sentence being S.B. Suspension of Sentence (Revision) No. 241/2018 deserves

to be allowed.

Accordingly, S.B. Suspension of Sentence (Revision) No.241/2018 is allowed and it is directed that the sentences awarded to petitioner â€" Vardhman

Jewellers through Proprietor Padam Kumar Jain, S/o Bundilal Jain by the learned Judicial Magistrate, Bhinder, District Udaipur vide judgment dated

14.12.2016 and affirmed by learned Additional Sessions Judge No.5, Udaipur vide judgment dated 04.08.2018 shall remain suspended till final disposal

of the aforesaid revision petition provided the petitioner deposits a demand draft of Rs.1,00,000/of a nationalized bank executed in favour of the

respondent No.1 before the trial court.

On depositing of the said demand draft in the trial court, the petitioner may execute a personal bond for a sum of Rs.50,000/along with two solvent

sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance before this Court on 12.10.2018 and whenever

called upon to do so till the disposal of the revision petition on the conditions inidcated below:-

(1) That the petitioner deposits a demand draft of Rs.1,00,000/- of a nationalized bank executed in favour of the respondent No.1 before the trial court.

(2) That he/she/they will appear before the trial court in the month of January of every year till the revision petition is decided.

(3) That if the petitioner(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial court as well as to

the counsel in the High Court.

(4) Similarly, if the sureties change their address(s), they will give in writing their changed address(s) to the trial court.

The learned trial court shall keep the record of attendance of the accused-petitioner(s) in a separate file. Such file be registered as Criminal Misc.

Case related to original case in which the accused-petitioner(s) was/were tried and convicted. A copy of this order shall also be placed in that file for

ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court.

In case the said accused-petitioner(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for

cancellation of bail.

The trial court is directed to handover the demand draft so deposited by the petitioner to the respondent No.1 after duly informing him and receiving an

application of this effect from him.

It is made clear that if the petitioner fails to deposit Rs.1,00,000/-, the trial court shall report the matter to the High Court for cancvellation of bail.