Kaluram Teli vs State Of Rajasthan (2025:Rj-Jd:11502)
2025 Latest Caselaw 7986 Raj

Rajasthan High Court - Jodhpur

Kaluram Teli vs State Of Rajasthan (2025:Rj-Jd:11502) on 27 February, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:11502]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 1710/2025

Kaluram Teli, Aged About 52 Years, R/o Rawale Ke Pas, Village
Gilund, Ps Shambhupura, Teh. And Dist. Chittorgarh, Raj.
                                                                         ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Sh. Kailashchandra Minana S/o Udayram, R/o Gilund, Ps
         Shambhupura, Teh. And Dist. Chittorgarh, Raj.
                                                                      ----Respondents


For Petitioner(s)          :    Mr. Kaluram Bhati
For Respondent(s)          :    Mr. Vikram Rajpurohit, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

27/02/2025

1. By way of filing the instant misc. petition, a challenge has

been made to the order dated 04.01.2025 passed by the learned

Sessions Judge, Chittorgarh in Appeal No.16/2025, 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.

2. Heard learned counsel for the parties and gone through the

material as made available to this Court.

3. After conviction under Section 138 of the Negotiable

Instrument Act, the petitioner moved an appeal along with an

application under Section 389 of Cr.P.C. The appeal was admitted

and the application under Section 389 of Cr.P.C. was allowed vide

order dated 04.01.2025 imposing a condition of depositing 20% of

the fine amount awarded by the trial Court.

[2025:RJ-JD:11502] (2 of 2) [CRLMP-1710/2025]

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 (2023) 10

SCC 446, there is no need to direct the appellant to deposit 20%

of the fine/cheque amount as well as imposition of a condition for

deposition of 20% of the fine/cheque amount is not imperative

and mandatory.

5. In view of the limited prayer, the financial predicament of the

petitioner and the other circumstances and 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 04.01.2025.

6. Accordingly, the instant misc. petition is partly allowed.

7. The condition of deposition of 20% of the fine amount vide

impugned order dated 04.01.2025 is modified. Now, the petitioner

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

amount.

8. Stay petition stands disposed of.

(FARJAND ALI),J 690-chhavi/-

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