Rajasthan High Court - Jodhpur
Divya Jyoti Giri vs Bhupendra Vaasan (2025:Rj-Jd:457) on 6 January, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:457]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7733/2024
Divya Jyoti Giri W/o Dr. S.r. Giri, Aged About 64 Years, R/o A-2
Madan Vihar, Sriganganagar.
----Petitioner
Versus
Bhupendra Vaasan S/o Prakash Singh Vasan, R/o 123 Gandhi
Nagar, Sriganganagar.
----Respondent
For Petitioner(s) : Mr. Aakash Kukkar
For Respondent(s) : --
HON'BLE MR. JUSTICE FARJAND ALI
Order 06/01/2025
1. Heard learned counsel for the petitioner and gone through the order under assail passed by the learned Court of Appeal.
2. What is emanating from the record that the petitioner was prosecuted for committing an offence under the penal provision of Negotiable Instrument Act vide judgment dated 04.09.2024. She was convicted and sentenced to suffer imprisonment along with fine. She preferred an appeal before the Court of Session along with an application under Section 389 of the Cr.P.C. for suspending the sentence during the pendency of the appeal. The appeal was admitted and the application for suspending the sentence has been allowed, however, a condition was imposed to deposit 20 per cent of cheque amount before the trial Court owing to paucity of time or some other reason, the petitioner has deposited the amount to protest in pursuance of the direction given by the Appellate Court. It appears that the petitioner has a valid and a (Downloaded on 07/01/2025 at 09:32:28 PM) [2025:RJ-JD:457] (2 of 2) [CRLMP-7733/2024] strong ground to argue before the Court of Appeal so as to question the sustainability of the conviction, therefore, in the interest of justice, it is ordered that the amount deposited by the petitioner in pursuance of the order of Court of Appeal shall not be disbursed to the complainant until disposal of the appeal.
3. In view of the above, the instant misc. petition is disposed of.
4. Stay petition also stands disposed of.
(FARJAND ALI),J 18-Samvedana/-
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