Rajasthan High Court - Jodhpur
Narseeram Jat vs Budharam Jat (2025:Rj-Jd:11230) on 25 February, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:11230]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1468/2025
Narseeram Jat S/o Shree Ladhuram Jat, Aged About 70 Years, R/
o Lalamdesar Bada, Tehsil Nokha, Dist. Bikaner.
----Petitioner
Versus
Budharam Jat S/o Shri Ladhuram, R/o Lalamdesar Bada, Tehsil
Nokha, Dist. Bikaner.
----Respondent
For Petitioner(s) : Mr. Manish Dadhich
For Respondent(s) : --
HON'BLE MR. JUSTICE FARJAND ALI
Order
25/02/2025
1. By way of filing the instant criminal misc. petition, a
challenge has been made to the order dated 13.01.2025
passed by the learned Additional District & Sessions Judge,
Bikaner No.4, Bikaner (hereinafter to be referred as 'the
appellate court') in Criminal Appeal No.07/2025, whereby
the application under Section 389 of Cr.P.C. filed by the
petitioner was allowed with the condition to deposit 20% of
fine amount within 45 days.
2. Heard learned counsel for the parties and perused the
material as made available to this Court as well as the order
under assail.
3. Bereft of elaborate details, briefly stated facts of the case are
that the petitioner was tried and convicted for the offence
under Sections 138 of the N.I. Act vide judgment dated
[2025:RJ-JD:11230] (2 of 3) [CRLMP-1468/2025]
23.12.2024 passed by the learned Special Judicial Magistrate
(NI Act Cases) No.2, Bikaner (hereinafter to be referred as
'the trial court'). Aggrieved of the judgment of conviction, he
preferred an appeal before the learned appellate court along
with an application under Section 389 Cr.P.C. for suspension
of sentence awarded by the learned trial court. Vide the
order under assail dated 13.01.2025, the learned appellate
court allowed the application under Section 389 of the Cr.P.C.
with the condition of depositing 20% of the compensation
amount within 45 days, as directed by the learned trial
court.
4. The grief of the petitioner would be that in view of the
mandate of law and the judgment passed by the Hon'ble
Supreme Court in the case of Jamboo Bhandari Vs. M.P.
State Industrial Development Corporation Ltd. reported in
(2023) 10 SCC 446, there is no need to direct the appellant
to deposit 20% of the fine amount as well as imposition of a
condition for deposition of 20% of the fine amount is not
imperative and mandatory.
5. 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 13.01.2025.
6. Accordingly, the instant criminal misc. petition is allowed in
part and the order dated 13.01.2025 passed by the learned
Additional District & Sessions Judge, Bikaner No.4, Bikaner
in Criminal Appeal No.07/2025, is modified in the manner
[2025:RJ-JD:11230] (3 of 3) [CRLMP-1468/2025]
that now the petitioner would deposit 10% of the
compensation amount instead of 20%, as awarded by the
learned trial court.
7. The stay petition is also disposed of.
(FARJAND ALI),J
299-Samvedana/-
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