Prakash Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 3746 Raj

[2023/RJJD/012385]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 440/2023

Prakash Kumar S/o Vagta Ram Lohar, Aged About 45 Years, Vill. Narsari Wala Road, Arathwada, Teh. Sheoganj, Dist. Sirohi (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Bhima Ram S/o Ganesha Ji Luhar, Vill. Navakheda, Teh.

Sheoganj, Dist. Sirohi (Raj.).

----Respondents

For Petitioner(s) : Mr. Prem Dayal Bohra For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

27/04/2023

1. The petitioner was convicted by the learned Additional Chief

Judicial Magistrate, Sheoganj by judgment dated 22.03.2023

passed in Criminal Case No.655/2012 for the offence under

Section 138 of the N.I.Act and was sentenced to one year's S.I.

and was also directed to deposit a fine of Rs. 6,40,000/-. Being

aggrieved by the said order, he preferred an appeal bearing

No.14/2023 before the learned Sessions Judge, Sirohi, wherein

while suspending the sentence awarded to the appellant on an

application under Section 389 CrPC vide order dated 17.04.2023,

the learned appellate court directed the petitioner to deposit 20%

of the fine amount within a period of 15 days from the date of the

said order. The petitioner has preferred the instant revision

[2023/RJJD/012385] (2 of 2) [CRLR-440/2023]

petition under Section 397/401 seeking extension of the time

granted for deposting the 20% of the fine amount.

2. Learned counsel for the petitioner submits the petitioner can

not arrange the requisite funds within the period stipulated and

thus, is unable to deposit the requisite amount within 15 days.

Thus, it is prayed that the time granted for the said purpose may

be extended for a reasonable period.

3. Having heard and considered the submissions made by the

counsel for the petitioner, this Court is of the opinion that the

prayer made in the revision petition for the extension of time

granted to the petitioner by the Appellate Court for depositing the

part of fine amount deserves to be extended.

4. Accordingly, the instant revision petition is allowed and the

order dated 17.04.2023 passed by the learned appellate court is

slightly modified to the effect that the petitioner shall now deposit

20% fine amount on or before 16.07.2023. The stay application is

dispoed of.

(FARJAND ALI),J 28-Pramod/-

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