Munira Bai vs State Of Rajasthan (2025:Rj-Jd:1823)
2025 Latest Caselaw 4112 Raj

Rajasthan High Court - Jodhpur

Munira Bai vs State Of Rajasthan (2025:Rj-Jd:1823) on 10 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:1823]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 103/2025

Munira Bai W/o Late Fakhruuddin, Aged About 45 Years, R/o
Mohamdiya Colony Galiyaoot Dist. Dungarpur
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Yasmin D/o Ashiq, R/o Patela Dungarpur
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Jitendra Ojha
For Respondent(s)            :     Mr. Vikram Rajpurohit, Dy.G.A.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

10/01/2025

1. Heard learned counsel for the petitioner and learned counsel

for the State and perused the order dated 06.12.2024 passed by

the learned District & Sessions Judge, Dungarpur in Criminal

Appeal No.105/2024.

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 28.11.2024

passed by the learned Additional Chief Judicial Magistrate,

Dungarpur. Aggrieved of the judgment of conviction, she

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 06.12.2024, the learned

court below has allowed the application under Section 389 of the

[2025:RJ-JD:1823] (2 of 2) [CRLMP-103/2025]

CrPC with the condition of depositing 20% of the fine amount as

directed by the learned trial court.

4. It is submitted that after husband's sudden death, she is

facing financial constraints coupled with other social problems,

therefore, suitable modification be made in the order dated

06.12.2024.

5. In my view the ends of justice would be served if she would

pay twenty per cent of the cheque amount against the order

made under Section 148 of NI Act passed by the learned Court of

Appeal while accepting the application under Section 389 of the

Cr.P.C.

6. Accordingly, the instant criminal miscellaneous petition is

allowed in part and the order dated 06.12.2024 passed by the

learned District & Sessions Judge, Dungarpur in Criminal Appeal

No.105/2024 is modified in the manner that now the petitioner

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

fine amount as directed by the appellate court. The stay petition

is also disposed of.

(FARJAND ALI),J 119-Samvedana/-

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