Dal Singh vs State Of Rajasthan
2025 Latest Caselaw 16404 Raj

Citation : 2025 Latest Caselaw 16404 Raj
Judgement Date : 8 December, 2025

[Cites 6, Cited by 0]

Rajasthan High Court - Jodhpur

Dal Singh vs State Of Rajasthan on 8 December, 2025

Author: Sameer Jain

Bench: Sameer Jain

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                S.B. Criminal Misc(Pet.) No. 9302/2025

Dal Singh S/o Chatar Singh, Aged About 55 Years, Resident Of
35 Gb, Tehsil Sri Vijaynagar, District- Sri Ganganagar Rajasthan
                                                                          ----Petitioner
                                       Versus
1.     State Of Rajasthan, Through Pp
2.     Raj Kumar S/o Ramchandra Arora, R/o Ward No.6. Tehsil
       Sri Vijaynagar, District- Sri Ganganagar Ra-Jasthan
                                                                     ----Respondents


For Petitioner(s)            :     Mr. Ratish Bhatnagar
For Respondent(s)            :     Mr. H.S. Jodha, P.P.



              HON'BLE MR. JUSTICE SAMEER JAIN

Order

08/12/2025

The matter pertains to the Negotiable Instruments Act. The

impugned order dated 08.09.2025 is put to challenge whereby as

per provisions of Section 148 of the NI Act, 20% amount has to be

pre-deposited for maintenance of appeal as a mandatory

condition. It is submitted that the learned Trial Court vide its

judgment dated 11.08.2025, convicted the petitioner and

sentenced for two years' simple imprisonment for the offence

under Section 138 of the NI Act and a penalty of Rs. 7,50,000/-

under Section 357 (3) of Cr.P.C.

It is apprised to the Court that in between the period of

2017-2025, attempts to transfer certain amount to the

complainant were made. Howsoever, as the petitioner has been

suffering from a serious disease of liver impediments are caused.

In support of contentions made in so far, learned counsel has

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relied upon order dated 25.11.2025 passed in S.B. Criminal

Misc. Petition No.8701/2025 titled as Bhagwan Das Gurbani

vs. State of Rajasthan.

Heard.

This Court at the outset has considered the provisions of

section 148 of the NI Act, which is reproduced as under:-

"148. 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.

(3) The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal:

Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, 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 complainant."

It is also noteworthy that the provisions of Section 143 of the

NI Act, mandates that the matters pertaining to Section 138 of NI

Act is ought to be adjudicated within a period of six months. It is

further noted that in the instant matter prima facie the amount

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was not transferred due to 'insufficient amount' in the bank

account concerned; and that even as on date, as per the

impugned order 80% of amount is not paid.

There is an amendment made in the statute, and now as per

Section 143 A of the NI Act, at the first stroke, if the amount is

admitted, 20% has to be deposited. Nonetheless, the petitioner

before the competent authority has not raised any grievance qua

the health or any other allied issues, which prima facie leaves an

impression that the same is an after thought. Withal, the

judgments cited by the learned counsel for the petitioner are on a

distinguishable stance, and the instant matter pertains to a

dispute qua a meager amount of Rs. 1.5 Lacs.

On account of all the factors above, this Court is not inclined

to interfere in the instant matter.

It is directed to the petitioner to deposit the said amount

within an upper limit of fortnight from the date of passing of this

order, and if not complied with, the learned Trial Court shall be at

liberty to pass appropriate orders, as deemed essential.