Sumeet Chawala vs State Of Rajasthan (2025:Rj-Jd:35798)
2025 Latest Caselaw 6131 Raj

Rajasthan High Court - Jodhpur

Sumeet Chawala vs State Of Rajasthan (2025:Rj-Jd:35798) on 11 August, 2025

[2025:RJ-JD:35798]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6317/2025

Sumeet Chawala S/o Om Prakash Chawala, Aged About 44
Years, R/o L-2/74, New Mahaveer Nagar, Tilak Nagar, New Delhi.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Bhoj Raj S/o Narayan Das, R/o 61 K Block, District Sri
         Ganganagar, Rajasthan.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Baltej Singh Sandhu
For Respondent(s)         :     Mr. Narendra Singh, PP



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

11/08/2025

1. By way of filing the instant criminal misc. petition, a

challenge has been made to the order dated 01.04.2025 passed

by the learned Session Judge, Sri Ganganagar in Criminal Appeal

No.69/2025, only to the extent that while allowing the application

under Section 389 of Cr.P.C. filed by the petitioner, a condition has

been imposed to deposit 20% of the fine amount.

2. Heard learned counsel for the parties and gone through the

material as made available to this Court.

3. After conviction under Sections 138 of the Negotiable

Instruments Act vide judgment dated 24.02.2025 passed by the

learned Special Judicial Magistrate, NI Act Cases No.1, Sri

Ganganagar in Criminal Regular Case No.871/2017, the petitioner

moved an appeal alongwith an application under Section 389 of

Cr.P.C. The appeal was admitted and the application under Section

[2025:RJ-JD:35798] (2 of 2) [CRLMP-6317/2025]

389 Cr.P.C. was allowed vide order dated 01.04.2025 imposing the

condition of depositing 20% of the fine amount awarded by the

trial court.

4. In view of the judgment rendered by Hon'ble Supreme Court

in the case of Jamboo Bhandari Vs. M.P. State Industrial

Development Corporation Ltd. reported (2023) 10 SCC 446,

in every case, imposition of a condition for deposition of 20% of

the fine amount is not imperative and mandatory.

5. Looking to the financial predicament of the petitioner and the

other circumstances, it is deemed appropriate to modify the

aforementioned condition.

6. Accordingly, the instant criminal misc. petition is partly

allowed and the condition of deposition of 20% of the fine amount

vide impugned order dated 01.04.2025 is modified in the manner

that no, the petitioner would deposit 10% of the fine amount

instead of 20% of the fine amount. The other terms and

conditions of the order shall remain intact.

7. Stay petition stands disposed of.

(MUKESH RAJPUROHIT),J 114-mSingh/-

Powered by TCPDF (www.tcpdf.org)