Surendra Kumar vs State Of Rajasthan (2025:Rj-Jd:11495)
2025 Latest Caselaw 8045 Raj

Rajasthan High Court - Jodhpur

Surendra Kumar vs State Of Rajasthan (2025:Rj-Jd:11495) on 27 February, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:11495]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 1197/2025

Surendra Kumar S/o Devakinandan, Aged About 68 Years, R/o
Ratannagar (Thailasar), Tehsil And Dist. Churu.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Kanak Mal S/o Shree Chand, R/o Sardarshahar Tehsil
         Sardarshahar, Dist. Churu.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Awar Dan Ujjwal
For Respondent(s)         :     Mr. Vikram Rajpurohit, Dy.G.A. with
                                Mr. Ravindra



                HON'BLE MR. JUSTICE FARJAND ALI

Order

27/02/2025

1. Heard learned counsel for the petitioner and learned Public

Prosecutor and perused the order dated 29.09.2022 passed by the

learned Additional Sessions Judges, Sardarshahar, Churu in

Criminal Appeal No.11/2022.

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 06.09.2022

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.

3. Vide the order under assail dated 29.09.2022, the learned

court below has allowed the application under Section 389 of the

[2025:RJ-JD:11495] (2 of 2) [CRLMP-1197/2025]

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 fine amount, instead

thereof, 10% of the fine amount may be directed to be deposited.

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

29.09.2022.

5. Accordingly, the instant criminal miscellaneous petition is

allowed in part and the order dated 29.09.2022 passed by the

learned Additional Sessions Judges, Sardarshahar, Churu in

Criminal Appeal No.11/2022 is modified in the manner that now

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

20% of the fine amount as directed by the appellate court, till

24.03.2025. The stay petition is also disposed of.

(FARJAND ALI),J 636-divya/-

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