Chahat vs State Of Rajasthan (2025:Rj-Jd:3443)
2025 Latest Caselaw 4752 Raj

Rajasthan High Court - Jodhpur

Chahat vs State Of Rajasthan (2025:Rj-Jd:3443) on 16 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:3443]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Criminal Misc(Pet.) No. 9020/2024

Chahat S/o Shri Vijendra Sharma, Aged About 38 Years, R/o
K-28, Goldleaf Banglow, Bhuwana, Udaipur, Raj.
                                                                      ----Petitioner
                                      Versus
1.        State Of Rajasthan, Through Pp
2.        Surya     Prakash S/o Maganlal Mainaria, R/o 27/181,
          Shkhsa Niketan School, Near Panerio Ki Madri, Udaipur,
          Raj.
                                                                   ----Respondents


For Petitioner              :     Ms. Khushboo Palasiya
For Respondent No.1         :     Mr. N.S. Chandawat, Dy.GA



                 HON'BLE MR. JUSTICE FARJAND ALI

Order

16/01/2025

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

challenge has been made to the order dated 06.11.2024 passed

by the learned Additional Sessions Judge No.4, Udaipur

(hereinafter to be referred as 'the appellate court') in Criminal

Appeal No.504/2024, whereby the application under Section 389

of Cr.P.C. filed by the petitioner was allowed with the condition to

deposit 20% of compensation amount within 1 month.

2. Heard learned counsel for the parties and perused the

material as made available to this Court as well as the order under

assail.

3. Bereft of elaborate details, briefly stated facts of the case

are that the petitioner was tried and convicted for the offence

[2025:RJ-JD:3443] (2 of 3) [CRLMP-9020/2024]

under Section 138 of the N.I. Act vide judgment dated 19.09.2024

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

No.4, Udaipur (hereinafter to be referred as 'the trial court').

Aggrieved of the judgment of conviction, he preferred an appeal

before the learned appellate court along with an application under

Section 389 Cr.P.C. for suspension of sentence awarded by the

learned trial court. Vide the order under assail dated 06.11.2024,

the learned appellate court allowed the application under Section

389 of the Cr.P.C. with the condition of depositing 20% of the

compensation amount within 1 month, as directed by the learned

trial court.

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 cheque/fine/compensation amount as well as imposition of

a condition for deposition of 20% of the cheque/fine/compensation

amount is not imperative and mandatory.

5. 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 06.11.2024.

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

in part and the order dated 06.11.2024 passed by the learned

Additional Sessions Judge No.4, Udaipur in Criminal Appeal

No.504/2024, is modified in the manner that now the petitioner

[2025:RJ-JD:3443] (3 of 3) [CRLMP-9020/2024]

would deposit 10% of the compensation amount instead of 20%,

as awarded by the learned trial court, on or before 28.02.2025.

7. The stay petition is also disposed of.

(FARJAND ALI),J

Abhishek Kumar S.No.60

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