Giriraj Purohit vs State Of Rajasthan
2022 Latest Caselaw 4169 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1084/2022

Giriraj Purohit S/o Lt. Sh. Shiv Kumar Purohit, Aged About 56 Years, B/c Purohit (Brahmin), R/o Near Chacha Pan Place, Daga Chowk, Bikaner (Raj.).

----Petitioner Versus

1. State Of Rajasthan

2. Rajesh Acharya S/o Lt. Dr. Gopal Acharya, B/c Acharya, R/o D-275, Murlidhar Vyas Colony, Bikaner.

----Respondents

For Petitioner(s) : Mr. Rajeev Purohit Mr. Shashank Ojha For Respondent(s) : Mr. S.K. Bhati, PP

JUSTICE DINESH MEHTA

Order

15/03/2022

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

challenged the order dated 26.11.2021, 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. Mr. Purohit, 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 Section

(2 of 2) [CRLMP-1084/2022]

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

26.11.2021 shall remain stayed.

(DINESH MEHTA),J 174-Ramesh/-

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