Mukesh Kumar vs State Of Rajasthan (2025:Rj-Jd:7242)
2025 Latest Caselaw 6468 Raj

Rajasthan High Court - Jodhpur

Mukesh Kumar vs State Of Rajasthan (2025:Rj-Jd:7242) on 4 February, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:7242]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 1094/2025

Mukesh Kumar S/o Bhuralal Dhaakad, Aged About 42 Years, R/o
Salawatiya, P.s. Bijoliya, Dist. Bhilwara
                                                                     ----Petitioner
                                     Versus
1.        State Of Rajasthan, Through Pp
2.        Raju Lal S/o Mangilal Dhaakad, Aged About 38 Years, R/o
          Khadipur, P.s. Bijoliya, Dist. Bhilwara
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Mohan Ram Choudhary
For Respondent(s)          :     Mr. Vikram Rajpurohit, DyGA



                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 21.06.2024 passed by the

learned Additional Sessions Judge No.3, Bhilwara, Camp

Mandalgarh in Criminal Appeal No.142/2024.

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 27.05.2024

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 21.06.2024, the learned

appellate court has allowed the application under Section 389 of

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

[2025:RJ-JD:7242] (2 of 2) [CRLMP-1094/2025]

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

21.06.2024.

5. Accordingly, the instant criminal miscellaneous petition is

allowed in part and the order dated 21.06.2024 passed by the

learned appellate court is modified in the manner that now the

petitioner would deposit 10% of the cheque amount instead of

20% of the fine amount as directed by the appellate court by

05.03.2025. The stay petition is also disposed of.

(FARJAND ALI),J 219-Pramod/-

Powered by TCPDF (www.tcpdf.org)