Surendrapal Singh vs State Of Rajasthan (2025:Rj-Jd:1875)
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Rajasthan High Court - Jodhpur

Surendrapal Singh vs State Of Rajasthan (2025:Rj-Jd:1875) on 10 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:1875]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 285/2025

Surendrapal Singh S/o Balvinder Singh, Aged About 55 Years,
R/o S.p. 24, Punjabi City, Suny Homes, First Floor, District Sri
Ganganagar, (Rajasthan)
                                                                       ----Petitioner
                                        Versus
1.       State Of Rajasthan, Through Pp
2.       Legal Hairs Of Sant Lal Miglani S/o Atma Ram, Since
         Deceased.
3.       Sumanlata Miglani W/o Sant Lal Miglani, R/o 54-55
         Gandhi Nagar, District Sri Ganganagar, Rajasthan.
4.       Rohit Miglani S/o Sant Lal Miglani, R/o 54-55 Gandhi
         Nagar, District Sri Ganganagar, Rajasthan.
5.       Divakar Miglani S/o Sant Lal Miglani, R/o 54-55 Gandhi
         Nagar, District Sri Ganganagar, Rajasthan.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Baltej Singh Sandhu
For Respondent(s)            :     Mr. Shriram Choudhary, Addl. G.A.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

10/01/2025

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

challenge has been made to the order dated 14.11.2024 passed

by the learned Sessions Judge, Sri Ganganagar in Criminal Appeal

No.153/2024, only to the extent that while allowing the

application under Section 389 of Cr.P.C. filed by the petitioner a

condition has been imposed to deposit 20% of fine amount.

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

material as made available to this Court.

[2025:RJ-JD:1875] (2 of 2) [CRLMP-285/2025]

3. After conviction under Section 138 of the Negotiable

Instrument Act vide judgment dated 17.10.2024 passed by the

learned Special Judicial Magistrate, NI Act Cases No.1, Sri

Ganganagar in Criminal Regular Case No.690/2018, the petitioner

moved an appeal alongwith 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 14.11.2024 imposing

a condition of depositing 20% of the fine amount awarded by the

trial Court.

4. In view of the judgment rendered by Hon'ble Supreme Court

in the case of Jamboo Bhandari Vs. M.P. State Industrial

Development Corporation Ltd. reported (2023) 10 SCC 446,

in every case, imposition of a condition for deposition of 20% of

the fine amount is not imperative and mandatory.

5. Looking to the financial predicament of the petitioner and the

other circumstances, it is deemed appropriate to modify the

aforementioned condition.

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

allowed and the condition of deposition of 20% of the fine amount

vide impugned order dated 14.11.2024 is modified in the manner

that now, the petitioner would deposit 10% of the fine amount

instead of 20% of the fine amount. The other terms and

conditions of the order shall remain intact.

7. Stay petition stands disposed of.

(FARJAND ALI),J 385-Pramod/-

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