Rajasthan High Court - Jodhpur
Panna Lal vs State Of Rajasthan (2025:Rj-Jd:4249) on 21 January, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:4249]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 638/2025
Panna Lal S/o Bhanwarlal Dhakad, Aged About 63 Years, R/o
Bijoliya, Bundi Road, P.s. Bijoliya, Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Ruplal S/o Mangilal Tanwar, Aged About 63 Years, R/o
Bijoliya, P.s. Bijoliya, Bhilwara.
----Respondents
For Petitioner : Mr. Mohan Ram Choudhary
For Respondent No.1 : Mr. Shriram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
21/01/2025
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.3, Bhilwara Camp
Mandalgarh (hereinafter to be referred as 'the appellate court') in
Criminal Appeal No.314/2024, whereby the application under
Section 389 of Cr.P.C. filed by the petitioner was allowed with the
condition to deposit 20% of cheque amount within 60 days.
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 05.10.2024
[2025:RJ-JD:4249] (2 of 3) [CRLMP-638/2025]
passed by the learned Judicial Magistrate, Bijoliya, District
Bhilwara (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 cheque
amount within 60 days 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.3, Bhilwara Camp Mandalgarh in
Criminal Appeal No.314/2024, 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.
[2025:RJ-JD:4249] (3 of 3) [CRLMP-638/2025]
7. The stay petition is also disposed of.
(FARJAND ALI),J
Abhishek Kumar
S.No.335
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