Rajasthan High Court - Jodhpur
Gopiram vs Shivbhagwan (2025:Rj-Jd:12984) on 7 March, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:12984]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1860/2025
Gopiram S/o Shri Bhagwana Ram Jakhatiya, Aged About 56
Years, R/o Village 67 Np, Tehsil Raisinghnagar, Dist.
Sriganganagar,raj.
----Petitioner
Versus
Shivbhagwan S/o Jagdish Prasad, R/o Ward No. 11, Near Payal
Studio, Anupgarh Proprietor Ganpati Timber And Plywood,
Anoopgarh, Tehsil Anoopgarh, Dist. Sriganganagar,raj.
----Respondent
For Petitioner(s) : Mr. Abhishek Aggarwal
For Respondent(s) : --
HON'BLE MR. JUSTICE FARJAND ALI
Order
07/03/2025
1. By way of filing the instant criminal misc. petition, a
challenge has been made to the order dated 28.10.2024
passed by the learned Additional Sessions Judge No.1,
Anoopgarh, District Sriganganagar (hereinafter to be
referred as 'the appellate court') in Criminal Appeal
No.61/2024, whereby the application under Section 389 of
Cr.P.C. filed by the petitioner was allowed with the condition
to deposit 20% of fine amount within a period of sixty 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
[2025:RJ-JD:12984] (2 of 3) [CRLMP-1860/2025]
under Sections 138 of the N.I. Act vide judgment dated
09.10.2024 passed by the learned Additional Chief Judicial
Magistrate, Anoopgarh, Sriganganagar (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 28.10.2024, 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 a period of sixty 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
in (2023) 10 SCC 446, there is no need to direct the
appellant to deposit 20% of the fine amount as well as
imposition of a condition for deposition of 20% of the fine
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 28.10.2024.
6. Accordingly, the instant criminal misc. petition is allowed in
part and the order dated 28.10.2024 passed by the learned
Additional Sessions Judge No.1, Anoopgarh, District
[2025:RJ-JD:12984] (3 of 3) [CRLMP-1860/2025]
Sriganganagar in Criminal Appeal No.61/2024, is modified in
the manner that now the petitioner would deposit 10% of
the fine amount instead of 20% of the fine amount on or
before 15.04.2025. The order dated 16.01.2025 whereby the
petitioner has been ordered to serve the sentence as he
failed to deposit 20 per cent of the fine amount is quashed.
If the petitioner fails to deposit 10 per cent of the fine
amount on or before 15.04.2025, the order dated
16.01.2025 shall be rejuvenated.
7. The stay petition is also disposed of.
(FARJAND ALI),J
42-Samvedana/-
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