Rajasthan High Court - Jodhpur
Nilesh Pareek vs State Of Rajasthan (2025:Rj-Jd:8187) on 7 February, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:8187]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1214/2025
Nilesh Pareek S/o Shri Brijmohan Pareek, Aged About 44 Years,
R/o House No.12, Ganesh Ghati, Udaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Shilpi Dadhich W/o Shri Gajendra Dadhich, R/o
Bhatiyani Chouhata, Opposite Asind Ke Haveli, District
Udaipur.
----Respondents
For Petitioner(s) : Mr. Bharat Shrimali
For Respondent(s) : Mr. Vikram Rajpurohit, DyGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
07/02/2025
1. The instant criminal miscellaneous petition has been
preferred with a limited prayer to extend the time period provided
by the learned Additional Sessions Judge No.2, Udaipur for
depositing the 20% of the cheque amount as per the Section 148
of the N.I. Act.
2. The petitioner was convicted for offence under Section 138 of
the N.I. Act vide judgment dated 31.08.2024 passed by the
learned Special Judicial Magistrate (NI Act Cases) No.2, Udaipur.
Being aggrieved of the said judgment, the petitioner preferred an
appeal alongwith an application seeking suspension of sentence.
While allowing the application seeking suspension of sentence vide
order dated 27.09.2024, the learned appellate court imposed a
condition of depositing 20% of the cheque amount with the trial
[2025:RJ-JD:8187] (2 of 2) [CRLMP-1214/2025]
court within a period of 15 days. Upon an application filed by the
petitioner, the said period was further extended upto 23.12.2024.
Since the petitioner could not deposit the amount by that date, he
preferred another application seeking extension of time for
depositing the amount, which was dismissed vide order dated
18.01.2025. Hence, the instant criminal miscellaneous petition
has been preferred.
3. Heard learned counsel for the petitioner, learned Public
Prosecutor and perused the material placed on the record.
4. Learned counsel for the petitioner submits that though the
petitioner had all intentions to deposit the requisite amount within
the stipulated time, but genuine financial difficulty prevented him
from doing so and now the possibility of him being taken into
custody for serving the sentence is looming large even though he
is ready and willing the deposit 20% of the cheque amount as
directed by the appellate court, if the court bestows benevolence
to further extend the period for depositing the amount.
5. Being satisfied with the submissions advanced by the learned
counsel for the petitioner, this court is inclined to accept the
instant criminal miscellaneous petition. Accordingly, the same is
allowed. The petitioner is granted period upto 12.03.2025 for
depositing 20% of the cheque amount as directed by the appellate
court. If any warrant has been issued against the petitioner for
execution of sentence in the present case, the same shall not be
executed till 12.03.2025.
(FARJAND ALI),J
277-Pramod/-
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