Rajesh Bhawnani vs State Of Rajasthan
2022 Latest Caselaw 11449 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Misc. (Pet.) No. 5261/2022

Rajesh Bhawnani S/o Late Shri Goverdhan Lal, Aged About 42 Years, R/o 3-P-10, Hiranmagri Sector - 5, Prabhat Nagar, Udaipur, Rajasthan.

----Petitioner Versus State of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. Ram Singh Rawal For Respondent(s) : Mr. Mool Singh Bhati, P.P.

JUSTICE DINESH MEHTA

Order

14/09/2022

1. The petitioner has approached this Court challenging the

order dated 25.07.2022 passed by Additional Sessions Judge

No. 3, Udaipur (hereinafter referred to as "the appellate court").

2. The facts relevant for the present purpose are that the

petitioner has been convicted for offence under Section 138 of the

Negotiable Instruments Act, 1881 (hereinafter referred to as "the

Act of 1881") by judgment dated 25.10.2021 passed by Special

Judicial Magistrate (N.I. Act Cases) No. 5, Udaipur and apart from

imprisonment for 2 years, a fine of Rs.1,74,000/- was imposed

upon the petitioner.

3. The petitioner preferred an appeal against the judgment

dated 25.10.2021 and the Sessions Judge, Udaipur vide order

dated 06.12.2021 suspended the sentence subject to payment of

30% of the fine amount as per provisions of Section 148 of the Act

of 1881.

(2 of 2) [CRLMP-5261/2022]

4. The petitioner failed to deposit aforesaid 30% of fine

amount, for which the appellate court issued warrant of arrest

against the petitioner on 25.07.2022.

5. Learned counsel for the petitioner submitted that the

petitioner's friends and family members have now arranged for

requisite amount therefore, he is ready and willing to deposit the

same with the appellate court. It is prayed that warrant of arrest

issued against the petitioner be quashed.

6. Having regard to the facts and circumstances of the case,

present petition is disposed of with a direction to the petitioner to

deposit a sum of Rs. 52,000/- with the appellate court on or

before 23.09.2022.

7. Arrest warrant issued against the petitioner shall remain in

abeyance till disposal of the appeal.

8. On petitioner's failure to deposit amount of Rs. 52,000/- by

23.09.2022, arrest warrant issued against him shall be given

effect to and present order would come to an end automatically.

9. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

162-Inder/-

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