Mahendra vs State Of Rajasthan (2025:Rj-Jd:14324)
2025 Latest Caselaw 8993 Raj

Rajasthan High Court - Jodhpur

Mahendra vs State Of Rajasthan (2025:Rj-Jd:14324) on 18 March, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:14324]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 2078/2025

Mahendra S/o Manfulram, Aged About 45 Years, Meghana, Tehsil
Nohar, Distt. Hanumangarh.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Rajpal S/o Hariram, Sahwa, Tehsil Taranagar, Distt.
         Churu.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Jai Pal Singh
For Respondent(s)         :     Mr. Vikram Rajpurohit, Dy.G.A. with
                                Mr. Ravindra



                HON'BLE MR. JUSTICE FARJAND ALI

Order

18/03/2025

1. The defect pointed out by the Registry is ignored.

2. Heard learned counsel for the petitioner and learned Public

Prosecutor and perused the order dated 04.01.2025 passed by the

learned Additional District & Sessions Judge, Taranagar, Churu in

Criminal Appeal No.01/2025.

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 02.12.2024

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.

[2025:RJ-JD:14324] (2 of 2) [CRLMP-2078/2025]

4. Vide the order under assail dated 04.01.2025, the learned

court below has allowed the application under Section 389 of the

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.

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

04.01.2025.

6. Accordingly, the instant criminal miscellaneous petition is

allowed in part and the order dated 04.01.2025 passed by the

learned Additional District & Sessions Judge, Taranagar, Churu in

Criminal Appeal No.01/2025 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. The stay petition is also disposed of.

(FARJAND ALI),J 267-divya/-

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