Shashikant vs Gopalkrishan (2025:Rj-Jd:3115)
2025 Latest Caselaw 4772 Raj

Rajasthan High Court - Jodhpur

Shashikant vs Gopalkrishan (2025:Rj-Jd:3115) on 16 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:3115]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
            S.B. Criminal Misc(Pet.) No. 9309/2024

Shashikant S/o Shankarlal, Aged About 48 Years, R/o Thana,
Teh. And Dist. Dungarpur, Raj.
                                                  ----Petitioner
                             Versus
Gopalkrishan S/o Devkrishan, R/o Shivaji Nagar, Housing Board,
Dungarpur, Raj.
                                                ----Respondent

For Petitioner(s)         :     Mr. Vijendra Kumar for
                                Mr. JVS Deora
For Respondent(s)         :     Mr. NS Chandawat, Dy.G.A.


          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 11.11.2024 passed

by the learned Chief Judicial Magistrate, Dungarpur (hereinafter to

be referred as 'the appellate court') in Criminal Case No.402/2017,

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

petitioner was allowed with the condition to deposit 20% of

chequeamount within 60days.

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

under Section 138 of the N.I. Act vide judgment dated 13.08.2024

passed by the learned Chief Judicial Magistrate, Dungarpur

(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.

[2025:RJ-JD:3115] (2 of 2) [CRLMP-9309/2024]

for suspension of sentence awarded by the learned trial court.

Vide the order under assail dated 11.11.2024, the learned

appellate court allowed the application under Section 389 of the

Cr.P.C. with the condition of depositing 20% of the fine amount

within 60days 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 fine/cheque amount as well as imposition of a condition for

deposition of 20% of the cheque 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 11.11.2024.

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

in part and the order dated 11.11.2024 passed by the learned

Chief Judicial Magistrate, Dungarpur in Criminal Case

No.402/2017, is modified in the manner that now the petitioner

would deposit 10% of the cheque amount instead of 20% of the

cheque amount awarded by the learned trial court.

7. The stay petition is also disposed of.

(FARJAND ALI),J 68-chhavi/-

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