Arif Khan vs Shambhoo Lal (2025:Rj-Jd:11056)
2025 Latest Caselaw 7886 Raj

Rajasthan High Court - Jodhpur

Arif Khan vs Shambhoo Lal (2025:Rj-Jd:11056) on 25 February, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:11056]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 8028/2024

Arif Khan S/o Jakir Hussain, Aged About 41 Years, R/o Sindhi
Colony, Ward No. 02, Nai Abadi, Tehsil Mandalgarh, Dist.
Bhilwara,raj.
                                                                    ----Petitioner
                                    Versus
Shambhoo Lal S/o Ramsukh, R/o Ameta Mohalla, Falasiya, Tehsil
Mandalgarh, Dist. Bhilwara
                                                                  ----Respondent


For Petitioner(s)         :     Mr. Aslam Khan
For Respondent(s)         :



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

25/02/2025 The instant criminal misc. petition has been filed under

Section 528 of BNSS by the petitioner against the order dated

23.10.2024 passed by learned Additional Sessions Judge No.3,

Camp Mandalgarh, District Bhilwara in Criminal Appeal

No.295/2024 whereby, while suspending the sentence for the

offence punishable under Section 138 N.I. Act, the trial court has

directed the petitioner to deposit 20% of the cheque amount

before the learned trial court.

Counsel for the petitioner submits that the petitioner is an

indigent person and he is not in a position to deposit 20% of the

cheque amount, but he is ready to deposit 15% of the cheque

amount. Therefore, the condition imposed by the trial court may

kindly be modified accordingly.

[2025:RJ-JD:11056] (2 of 2) [CRLMP-8028/2024]

I have heard learned counsel for the petitioner and perused

the material available on record.

Having considered the facts and circumstances of the case,

the impugned order dated 23.10.2024 passed by the learned

Additional Session Judge No.3, Camp Mandalgarh, District

Bhilwara is modified to the extent that the petitioner is directed to

deposit 15% of the cheque amount instead of 20% of the cheque

amount as imposed by the trial court as a condition precedent to

suspension of sentence pending appeal, within a period of one

month from today.

Rest of the conditions shall remain intact.

In view of the above direction, the criminal misc. petition is

disposed of.

Stay application also stands decided.

(MANOJ KUMAR GARG),J 8-mSingh/-

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