Mitesh Gupta vs State Of Rajasthan (2025:Rj-Jd:5527)
2025 Latest Caselaw 5555 Raj

Rajasthan High Court - Jodhpur

Mitesh Gupta vs State Of Rajasthan (2025:Rj-Jd:5527) on 28 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:5527]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 34/2025

Mitesh Gupta S/o Late Shri Satya Narayan Gupta, Aged About 61
Years, R/o Rati Talai, Banswara. At Present Residing At Chaman
Vihar, Dehradun (Uttrakhand)
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through PP
2.       Smt. Dr. Anamika Singla W/o Rajesh Singla, R/o Behind
         T.b. Clinic, Rati Talai Road, Mohan Colony, Banswara.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Manoj Kumar Pareek
For Respondent(s)            :     Mr. Viikram Rajpurohit, Dy.G.A.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

28/01/2025

1. Heard learned counsel for the petitioner and learned Public

Prosecutor and perused the order dated 16.12.2024 passed by the

learned Additional Sessions Judge, Banswara in Criminal Appeal

No.41/2021.

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 06.03.2021

passed by the learned trial Court. 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.

3. Vide the order under assail dated 16.12.2024, the learned

court below has allowed the application under Section 389 of the

[2025:RJ-JD:5527] (2 of 2) [CRLMP-34/2025]

CrPC with the condition of depositing 20% of the compensation

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 compensation

amount, instead thereof, 10% of the cheque 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

16.12.2024.

5. Accordingly, the instant criminal miscellaneous petition is

allowed in part and the order dated 16.12.2024 passed by the

learned Additional Sessions Judge, Banswara in Criminal Appeal

No.41/2021 is modified in the manner that now the petitioner

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

compensation amount as directed by the appellate court within a

period of one month. The stay petition is also disposed of.

(FARJAND ALI),J 56-divya/-

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