Vimal Kumar Chhipa vs State Of Rajasthan (2025:Rj-Jd:7054)
2025 Latest Caselaw 6495 Raj

Rajasthan High Court - Jodhpur

Vimal Kumar Chhipa vs State Of Rajasthan (2025:Rj-Jd:7054) on 4 February, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:7054]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 948/2025

Vimal Kumar Chhipa S/o Rameshchandra Chhipa, Aged About 35
Years, R/o Kabaro Ki Gali, Dhuncha Bazar, Chittorgarh Tehsil And
Dist. Chittorgarh,raj.
                                                                       ----Petitioner
                                       Versus
1.        State Of Rajasthan, Through Pp
2.        Satyaprakash Singh S/o Shri Raghuveer Ji Rathore, R/o
          Stc Road, Kumbhanagar, Chittorgarh, Tehsil And Dist.
          Chittorgarh,raj.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Ansarul Haq
For Respondent(s)            :     Mr. Surendra Bishnoi, PP



                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 02.01.2025 passed by the

learned Sessions Judge, Chittorgarh in Criminal Appeal

No.09/2025.

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 06.12.2024

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:7054] (2 of 2) [CRLMP-948/2025]

3. Vide the order under assail dated 02.01.2025, the learned

court below has allowed the application under Section 389 of the

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

be directed to be deposited till 17.03.2025.

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

02.01.2025.

5. Accordingly, the instant criminal miscellaneous petition is

allowed in part and the order dated 02.01.2025 passed by the

learned Sessions Judge, Chittorgarh in Criminal Appeal

No.09/2025. is modified in the manner that now the petitioner

would deposit 10% of the compensation amount instead of 20% of

the fine amount as directed by the appellate court. The stay

petition is also disposed of.

(FARJAND ALI),J 69-divya/-

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