Nenaram vs State Of Rajasthan (2025:Rj-Jd:28837)
2025 Latest Caselaw 1868 Raj

Rajasthan High Court - Jodhpur

Nenaram vs State Of Rajasthan (2025:Rj-Jd:28837) on 4 July, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:28837]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4603/2025
Nenaram S/o Hadmatram, Aged About 45 Years, R/o Roop Nagar
Colony Jalore Rajasthan
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through PP
2.       Mangilal S/o Girdhari, Aged About 46 Years, R/o New
         Krashi Mandi Jalore Rajasthan
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Divik Mathur
For Respondent(s)         :     Mr. Vikram Singh Rajpurohit, PP


          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

04/07/2025

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

has been made to the order dated 08.05.2025 passed by the

learned Additional Session Judge, District Jalore in Criminal Appeal

No.26/2025, arising out of order dated 08.04.2025 passed by

learned Additional Chief Judicial Magistrate No.2, District Jalore in

Original Criminal Case No.1786/2017 (CIS No.1903/2017).

2. Briefly stated, the facts of the case are that after getting

convicted for the offence punishable under Section 138 of the

Negotiable Instrument Act, the petitioner moved an appeal along

with an application for suspension of sentence under Section 430

BNSS, before the learned Appellate Court. The learned Appellate

Court while allowing the application filed under Section 430 of

BNSS vide order dated 08.05.2025, imposed a condition of

depositing 15% of cheque amount awarded by the appellate court.

3. Learned counsel for the petitioner submitted that the

petitioner is currently unemployed and does not have any source

of income to sustain himself. Learned counsel thus prayed that

[2025:RJ-JD:28837] (2 of 2) [CRLMP-4603/2025]

since the petitioner is facing financial crunch and is unable to

satisfy the said condition of depositing the 15% of cheque

amount, the said condition be removed.

4. Heard learned counsel for the parties at Bar. Perused the

material as made available to this Court.

5. It is settled law that the imposition of condition for

deposition of 15% of cheque amount is discretionary and thus

keeping in view the arguments of learned counsel for the

petitioner that the petitioner is facing financial hardship and is not

in position to deposit 15% of cheque amount awarded by the

appellate court, this Court deems it appropriate to modify the

aforementioned condition mentioned in the order dated

08.05.2025.

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

allowed. The condition of deposition of 15% of cheque amount

vide order dated 08.05.2025 is modified. Now, the petitioner

would deposit 10% of the cheque amount instead of 15% of

cheque amount as imposed by the learned appellate court within a

period of one month from today. The petitioner upon fulfilling the

condition of deposition of 10% of the cheque amount within

stipulated time shall be entitled to be released on bail. It is

however made clear that the other conditions of the order dated

08.05.2025 shall remain unaltered.

7. The stay petition also stands disposed of accordingly.

(MANOJ KUMAR GARG),J 6-mSingh/-

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