Rajasthan High Court
Nemi Chand Son Of Shri Gangaram Bairwa vs State Of Rajasthan (2024:Rj-Jp:7998) on 15 February, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:7998]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 517/2024
Nemi Chand Son Of Shri Gangaram Bairwa, Aged About 50
Years, Resident Of Nangal Bas, Tehsil Reni, District Alwar (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Rajendra Kumar Son Of Rameshwarlal, Resident Of Village
Machadi, Tehsil Reni, District Alwar (Raj.)
----Respondents
For Petitioner(s) : Mr. G.L. Sharma
Mr. Shanker Lal
For Respondent(s) : Mr. M.K. Sheoran, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
15/02/2024
The petitioner has filed this misc. petition under Section 482
Cr.P.C. challenging the order dated 01.11.2023 passed by learned
Addl. Sessions Judge, Rajgarh, Alwar in Criminal Appeal
No.39/2023 whereby the learned appellate court suspended the
execution of sentence awarded to him by learned Addl. Judicial
Magistrate, Rajgarh, Alwar vide judgment dated 07.10.2023
passed in Criminal Case No.348/2017 (267/2022) till disposal of
the appeal subject to payment of 20% of the fine amount to the
complainant by way of demand draft within thirty days.
Learned counsel for the petitioner submits that the condition
of payment of 20% of the fine amount to the complainant within
thirty days, imposed vide order dated 01.11.2023 in lieu of his
suspending execution of sentence is contrary to law as well as
[2024:RJ-JP:7998] (2 of 3) [CRLMP-517/2024]
material available on record and has been passed without
application of mind. He alternatively prays that the petitioner
could not arrange 20% of the fine amount and thus, he may be
granted some more time to make payment of the 20% of the fine
amount.
Section 148 of the N.I Act provides power of the appellate
court to order payment pending appeal which reads as under:-
"Power of Appellate Court to order payment pending appeal
against conviction.--(1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974), in an appeal by the
drawer against conviction under section 138, the Appellate Court
may order the appellant to deposit such sum which shall be a
minimum of twenty per cent of the fine or compensation awarded
by the trial Court:
Provided that the amount payable under this sub-section shall be
in addition to any interim compensation paid by the appellant
under section 143A.
(2) The amount referred to in sub-section (1) shall be deposited
within sixty days from the date of the order, or within such further
period not exceeding thirty days as may be directed by the Court
on sufficient cause being shown by the appellant."
After having heard learned counsel for the petitioner and
perused the material available on record, I am not inclined to
interfere in the condition imposed vide order dated 01.11.2023.
However, the prayer made by the petitioner's counsel for granting
some more time so as to deposit 20% of the fine amount is
accepted. The petitioner is granted time upto 15.03.2024 to make
payment of 20% of the fine amount to the complainant. Till
15.03.2024, the execution of sentence, awarded to the accused
petitioner vide judgment dated 07.10.2023 passed by the learned
[2024:RJ-JP:7998] (3 of 3) [CRLMP-517/2024]
trial court shall remain suspended. It is made clear that in case
the petitioner fails to make payment of 20% of the fine amount on
or before 15.03.2024, this order shall lose its currency.
The misc. petition is disposed of accordingly.
(ANIL KUMAR UPMAN),J
183-nirmala
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