Rajasthan High Court - Jodhpur
Mohammad Salim vs State Of Rajasthan (2025:Rj-Jd:14445) on 18 March, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:14445]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1988/2025
Mohammad Salim S/o Jalaluddin, Aged About 57 Years, Partner,
M/s Jalaluddin And Sons, In Front Of Railway Station, Daula
Kunwa, Makrana, Dist. Didwana-Kuchaman, Raj.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Kalu Ram S/o Harbu Ram, Aged About 67 Years, R/o
Ward No. 12, Nawa, Tehsil Nawa, Dist. Nagaur, Raj.
----Respondents
For Petitioner(s) : Mr. Devilal R. Vyas
For Respondent(s) : Mr. Surendra Bishnoi, Addl.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
18/03/2025
1. By way of filing the instant criminal misc. petition, a
challenge has been made to the order dated 07.02.2025 passed
by the learned Additional District and Sessions Judge, Kuchaman
City (hereinafter to be referred as 'the appellate court') in Criminal
Appeal No.07/2025, 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 1 month.
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 08.01.2025
[2025:RJ-JD:14445] (2 of 3) [CRLMP-1988/2025]
passed by the learned Chief Judicial Magistrate (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 07.02.2025, 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 1 month
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 cheque amount as well as imposition of a condition for
deposition of 20% of the cheque 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 07.02.2025.
6. Accordingly, the instant criminal misc. petition is allowed
in part and the order dated 07.02.2025 passed by the learned
Additional District and Sessions Judge, Kuchaman City in Criminal
Appeal No.07/2025, is modified in the manner that now the
petitioner would deposit 10% of the cheque amount instead of
20% of the fine amount awarded by the learned trial court.
[2025:RJ-JD:14445] (3 of 3) [CRLMP-1988/2025]
7. The stay petition is also disposed of.
(FARJAND ALI),J
65-Ashutosh/-
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