M/S Shri Sai Enterprises vs State Of Rajasthan
2022 Latest Caselaw 5307 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1457/2022

M/s Shri Sai Enterprises, Through Its Proprietor Ashutosh Sharma, S/o Rajkumar Sharma, Aged About 25 Years, R/o (1) Soni House Rani Bazar Industrial Area, Road No. 1, Bhagwanpur Basti, Behind Bikaner Woolen Mill, Bikaner. (2) Near Vinayak Nagar Circle Lane, Before Ramdev Colony, Gangasahar, Bikaner.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Kapil Jhanwar S/o Shyam Sunder Jhanwar, R/o Jhanwaro Ka Chowk, Bikaner.

----Respondents

For Petitioner(s) : Ms. Anu Choudhary for Mr. Hari Shanker Shrimali For Respondent(s) : Mr. Andaram Choudhary, P. P.

JUSTICE DINESH MEHTA

Order

08/04/2022

1. By way of the present misc. petition, the petitioner has

challenged the order dated 18.02.2022, whereby during pendency

of the trial, the petitioner has been asked to deposit 20% of the

cheque amount under Section 143-A of the Negotiable

Instruments Act, 1881.

2. Ms. Choudhary, learned counsel for the petitioner relied upon

the judgment of this Court in the case G.K. Construction

Company Vs. Balaji Makan Samagri Stones : S.B. Criminal

Misc. Petition No.189/2022 more particularly the adjudication

made in para No.19 of the said judgment and submits that the

usage of expression 'may' is a discretion available to the Court as

(2 of 2) [CRLMP-1457/2022]

Section 143-A prescribes maximum amount to be deposited,

hence, the term 'may' cannot be treated as mandatory.

3. The matter requires consideration.

4. Issue notice. Issue notice of stay application also, returnable

within six weeks.

5. Meanwhile, effect and operation of the order dated

18.02.2022 shall remain stayed.

(DINESH MEHTA),J 45-A.Arora/-

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