Subhash Chandra Kadwasara vs State Of Rajasthan
2022 Latest Caselaw 10265 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4251/2022

1. Subhash Chandra Kadwasara S/o Rajendra Prasad Kadwasara, Aged About 35 Years, M/s Ganpati Traders Shop No. 46 Shiv Ganesh Market Near R Oadways Depot Shiv Chowk Sriganganagar

2. Naresh Kumar Yadav S/o Brijlal Yadav Partner, Aged About 39 Years, M/s Ganpati Traders Shop No. 46 Shiv Ganesh Market Near R Oadways Depot Shiv Chowk Sriganganagar

----Petitioners Versus

1. State Of Rajasthan, Through Public Prosecutor.

2. Madan Lal S/o Balwant Ram, R/o Vill. Ladhuwala Tehsil And Distt. Sriganganagar Owner M/s Om Irrigation Sriganganagar

----Respondents

For Petitioner(s) : Mr. Rajesh Saharan for Mr. Hemant Jain For Respondent(s) : Mr. M.S. Bhati, Public Prosecutor

JUSTICE DINESH MEHTA

Order

04/08/2022

1. By way of the present petition filed under Section 482 of the

Code of Criminal Procedure, 1973, the petitioner has challenged

the order dated 26.05.2022, whereby the learned Additional

Sessions Judge No.2, Sriganganagar has directed the petitioner to

pay a sum of Rs.10,47,800/- being 20% of the amount of

compensation in compliance of Section 138 of Negotiable

Instruments Act, 1881.

(2 of 2) [CRLMP-4251/2022]

2. Learned counsel argued that the provisions of Section 138 of

Negotiable Instruments Act are not mandatory, is not tenable in

light of the judgment of this Court dated 04.03.2022 rendered in

the case of G.K. Construction Company Vs. Balaji Makan Samagri

Stores : S.B. Criminal Misc. Petition No.189/2022.

3. Learned counsel for the petitioner alternatively prayed that

as the amount is huge, some time be allowed to the petitioner so

as to carry out compliance of the order dated 26.05.2022.

4. Having regard to the facts and circumstances of the case and

considering that petitioner is required to deposit a substantial

amount of Rs.10,47,800/-, a liberty is granted to the petitioner to

deposit the amount on or before 30.09.2022.

5. In case the amount of Rs.10,47,800/- is deposited by

30.09.2022, the same would be treated to be a sufficient

compliance of the order dated 26.05.2022, failing which the

appellate Court shall proceed in accordance with law.

6. The misc. petition so also stay petition stands disposed of

accordingly.

(DINESH MEHTA),J 156-Ramesh/-

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