[Cites 6, Cited by 0]
Rajasthan High Court - Jodhpur
Udai Ram Mali vs State Of Rajasthan (2025:Rj-Jd:53348) on 9 December, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JD:53348]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 9511/2025
Udai Ram Mali S/o Dev Kishan Mali, Aged About 50 Years,
Resident Of Mali Mohalla, Ward No 13, Ps Gangapur, District
Bhilwara, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through The Pp
2. Arvind Choudhary S/o Shri Badri Lal Choudhary, Aged
About 45 Years, Resident Of 4, Bhumi Gangapur, Ps
Gangapur, District Bhilwara, (Raj.)
----Respondents
For Petitioner(s) : Mr. N.K. Rastogi
For Respondent(s) : Mr. Ramesh Dewasi, P.P.
HON'BLE MR. JUSTICE SAMEER JAIN
Order
09/12/2025
The instant petition has been filed for waiver of pre-deposit
amount as statutory required under Section 148 of the NI Act.
Learned counsel for the petitioner has submitted that the matter
pertains to the year 2019 and that the amount to the tune of
approximately Rs. 6.34 lacs is involved.
Upon perusal of the material available on record, it has been
observed that the learned Trial Court vide its order dated
09.09.2025 has awarded a sum of Rs.7 lacs. As per Section 148 of
the NI Act, 20% of the awarded amount needs to be deposited as
a mandatory requirement. It has been analyzed that the waiver
application filed by the petitioner which has been annexed with
the present petition appears to be vague and cryptic and that the
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same has not been corroborated/supported by any documentary
evidence.
In order to make out the case of waiving of the mandatory
pre-deposit requirement of 20% amount, learned counsel for the
petitioner has relied upon the judgment encapsulated in the case
of Jamboo Bhandari vs. M.P. State Industrial Development
Corporation Ltd. & Ors. reported in (2023) 10 SCC 446,
wherein it was held by the Hon'ble Supreme Court that the
inherent power could be exercised by the Court under Section 482
of Cr.P.C. to waive out the said requirement. Howsoever, learned
counsel for the petitioner has not stated that whether the
petitioner belongs to Below Poverty Line (BPL) category or the
petitioner does not have Permanent Account Number (PAN) as
required under the Income Tax Act. As per Section 139(9), if a
person is having income below taxable limit, the person shall not
have a valid PAN associated with his name.
In light of the aforesaid facts and circumstances of the case,
it has been observed by this Court that as per Section 142 of the
Negotiable Instruments Act, the disposal of lis needs to be carried
out within a period of six months. Howsoever, the instant matter
pertains to the year 2019 and approximately six years have
already been lapsed from the date of cognizance and that the
amount to the tune of approximately Rs. 6.34 lacs is involved in
the instant matter. Learned Trial Court after adjudication has
passed conviction order in the year 2025. The NI Act further
mandates that if the application of waiver has been filed, the same
shall be accepted in rarest of rare case. The judgment passed by
the Hon'ble Supreme Court in the case of Jamboo Bhandari
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(supra), upon which the reliance has been placed by the learned
counsel is distinguishable from the facts of the instant case as the
same has categorically stated that the waiver of the said amount
shall only be granted in the cases where financial hardship has
duly been proved beyond doubt.
In the instant matter, apart from vague submissions, no
conclusive documentary evidences have been submitted before
the learned Trial Court for waiver of the pre-deposit amount,
therefore, interference in the order of the learned Trial Court is not
warranted by this Court and for the reasons stated above, the
present petition is hereby dismissed.
(SAMEER JAIN),J
169-Taruna/-
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