Rahul Jyani vs State Of Rajasthan (2025:Rj-Jd:6963)
2025 Latest Caselaw 6448 Raj

Rajasthan High Court - Jodhpur

Rahul Jyani vs State Of Rajasthan (2025:Rj-Jd:6963) on 4 February, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:6963]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 606/2025

Rahul Jyani S/o Dalu Ram Jyani, Aged About 34 Years, R/o 147-
148, Indira Nagar, Behind Saras Pashu Aahar, Salawa Road,
Basni, Second Phase, Jodhpur.
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       D.r. Choudhary S/o Bhagwan Ram Ji, R/o C-8, Krishana
         Nagar, Pali Road, Jodhpur.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. B.R. Choudhary
For Respondent(s)            :     Mr. Vikram Rajpurohit, Dy.GA
                                   Mr. R.S. Bhati, AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

04/02/2025

1. Heard learned counsel for the petitioner and learned Public

Prosecutor and perused the order dated 19.12.2024 passed by the

learned Additional Sessions Judge No.4, Jodhpur Metropolitan in

Criminal Appeal No.537/2024.

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 18.11.2024

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.

[2025:RJ-JD:6963] (2 of 2) [CRLMP-606/2025]

3. Vide the order under assail dated 19.12.2024, the learned

court below has allowed the application under Section 389 of the

CrPC with the condition of depositing 20% of the compensation

amount as 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 compensation

amount, instead thereof, 10% 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

19.12.2024

5. Accordingly, the instant criminal miscellaneous petition is

allowed in part and the order dated 19.12.2024 passed by the

learned Additional Sessions Judge No.4, Jodhpur Metropolitan in

Criminal Appeal No.537/2024 is modified in the manner that now

the petitioner would deposit 10% of the cheque amount instead of

20% of the compensation amount as directed by the appellate

court within a period of one month. The stay petition is also

disposed of.

(FARJAND ALI),J 46-Taruna/-

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