Laxmi Narayan Tak vs Mohd. Umar (Golden Press) ...
2024 Latest Caselaw 4954 Raj

Rajasthan High Court - Jodhpur

Laxmi Narayan Tak vs Mohd. Umar (Golden Press) ... on 31 May, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:25213]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3043/2024

Laxmi Narayan Tak S/o Shri Fhusa Ram, Aged About 75 Years,
R/o Ji Ri Haveli, Near Gulab Sagar Baccha, Jodhpur (Raj)
(Accused)
                                                                   ----Petitioner
                                    Versus
Mohd. Umar (Golden Press) S/o Shri Usman Khan, R/o Mohalla
Laykan, At Present Nai Sadak, Jodhpur (Raj.) (Complainant)
                                                                 ----Respondent


For Petitioner(s)         :     Petitioner Party (Present-in-Person)
For Respondent(s)         :     Mr. Abhishek Purohit, AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

31/05/2024

1. Heard learned counsel for the petitioner and learned Public

Prosecutor and perused the order dated 06.04.2024 passed by the

learned Additional Sessions Judge No.3, Jodhpur in Criminal

Appeal No.100/2024.

2. Bereft of elaborate details, briefly stated facts of the case are

that the petitioner was tried and convicted for the offence under

Section 138 of the N.I. Act vide judgment dated 07.03.2024

passed by the learned trial Court. Aggrieved of the judgment of

conviction, he preferred an appeal before the appellate forum and

an application under Section 389 CrPC for suspension of sentence

passed by the court below also came to be filed.

3. Vide the order under assail dated 06.04.2024, the learned

court below has allowed the application under Section 389 of the

CrPC with the condition of depositing 20% of the fine amount as

[2024:RJ-JD:25213] (2 of 2) [CRLMP-3043/2024]

directed by the learned trial court. The grief of the petitioner

would be that in view of the mandate of law and the judgment

passed by Hon'ble Supreme Court in the case of Jamboo

Bhandari Vs. M.P. State Industrial Development

Corporation Ltd. reported (2023) 10 SCC 446, there is no need

to direct the appellant to deposit 20% of the fine amount, instead

thereof, 20% of the cheque amount may be directed to be

deposited.

4. In view of the limited prayer, the legal provisions and the law

enunciated in this regard by the Hon'ble Supreme Court, I deem it

appropriate to make a slight modification in the order dated

06.04.2024.

5. Accordingly, the instant criminal miscellaneous petition is

allowed in part and the order dated 06.04.2024 passed by the

learned Additional Sessions Judge No.3 Jodhpur in Criminal Appeal

No.100/2024 is modified in the manner that now the petitioner

would deposit 20% of the cheque amount related to the trial

instead of 20% of the fine amount as directed by the trial court.

The stay petition is also disposed of.

(FARJAND ALI),J 55-divya/-

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