Kishan Lal Dhoot vs Bhagwati Prasad ...
2023 Latest Caselaw 9101 Raj

[2023:RJ-JD:37853]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1393/2023

Kishan Lal Dhoot S/o Shri Kashi Ram Dhoot, Aged About 56 Years, R/o Plot No. 18, B-1 Polo, Shri Ram Bhawan, Jodhpur

----Petitioner Versus Bhagwati Prasad S/o Amrit Lal Bang, R/o Amritam, Near B.s.n.l.

Office, Manji Ka Hattha, Jodhpur
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Deepak Menaria
For Respondent(s)         :     Mr. Bharat Boob



                HON'BLE MR. JUSTICE FARJAND ALI

                                     Order

04/11/2023

1. Heard learned counsel for the parties and perused the

material available on record.

2. Briefly stated the facts of the case are that the prosecution

for dishonourment of cheque got launched at the behest of the

complainant who is respondent herein against the petitioner, in

which, after a rigorous trial, the learned trial Court convicted the

accused petitioner and passed the order of sentence. The

judgment of conviction and order of sentence came to be assailed

by the petitioner by way of filing an appeal before the learned

Sessions Judge. Along with the appeal, the application under

Section 389 of the Cr.P.C. was also filed whereby, the prayer for

suspension of sentence was sought. After registration of the

appeal, the learned Court of Appeal allowed the application filed

under Section 389 of the Cr.P.C. but with the stipulation to deposit

[2023:RJ-JD:37853] (2 of 2) [CRLR-1393/2023]

20% of the fine amount within 30 days, to be paid to the

complainant, as a condition precedent.

3. The said order is under challenge before this Court. It is not

in dispute that the question of legal liability or legal debt cannot

be adjudicated at this stage because the appeal is pending

adjudication before the learned Sessions Judge. The discretion of

passing an order with regard to deposition of part of fine amount

has aptly been exercised by the learned Sessions Judge, in which,

this Court does not inclined to interfere. No case is made out for

relaxation of the amount. There is no force in the instant criminal

revision petition and thus, deserves to be dismissed.

4. Accordingly, the instant criminal revision petition is

dismissed.

5. However, in the given circumstances and looking to the huge

amount, it would be onerous for the petitioner to deposit the said

amount within a period of 30 days, therefore, it is felt appropriate

to relax and extend the period of deposition of the amount and

now, it is ordered that the petitioner would deposit the 20%

amount with the learned appellate Court on or before 22.12.2023,

who whereafter, shall disburse the same in favour of the

complainant.

(FARJAND ALI),J 136-divya/-

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