Devendra vs State Of Rajasthan (2025:Rj-Jd:2440)
2025 Latest Caselaw 4549 Raj

Rajasthan High Court - Jodhpur

Devendra vs State Of Rajasthan (2025:Rj-Jd:2440) on 14 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:2440]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 316/2025

Devendra S/o Shri Shanti Lal, Aged About 37 Years, R/o 199,
Street No. 4, Near Bankoda House, Subhash Nagar, Girva, Dist.
Udaipur, Rajasthan. Second Address Behind Dalal Petrol Pump,
Patho Ki Magri, Near Aran Vatika, Dist. Udaipur, Rajasthan.
                                                                       ----Petitioner
                                       Versus
1.        State Of Rajasthan, Through Pp
2.        Deepak S/o Shri Hira Lal, R/o Vardhman Nagar, North
          Sundarwas, Tehsil Girva, Dist. Udaipur, Rajasthan.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Balveer Singh
For Respondent(s)            :     Mr. Vikram Rajpurohit, Dy.G.A.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

14/01/2025

1. Heard learned counsel for the petitioner and learned Public

Prosecutor and perused the order dated 12.12.2024 passed by the

learned Sessions Judge, No.2, Udaipur in Criminal Appeal

No.606/2024.

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 14.11.2024

passed by the learned Special Judicial Magistrate (NI Act Cases),

No.6, Udaipur. 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.

[2025:RJ-JD:2440] (2 of 2) [CRLMP-316/2025]

3. Vide the order under assail dated 12.12.2024, the learned

court below has allowed the application under Section 389 of the

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

12.12.2024.

5. Accordingly, the instant criminal miscellaneous petition is

allowed in part and the order dated 12.12.2024 passed by the

learned Sessions Judge, No.2, Udaipur in Criminal Appeal

No.606/2024 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. The stay petition is

also disposed of.

(FARJAND ALI),J 272-divya/-

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