Rajasthan High Court - Jodhpur
Prakash Chandra Nagarchi vs State Of Rajasthan (2025:Rj-Jd:15338) on 21 March, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:15338]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2416/2025
Prakash Chandra Nagarchi S/o Late Sh. Goverdhanlal Nagarachi,
Aged About 48 Years, R/o House No. 1-G-5 Housing Board
Gandhinagar Sector No.4 Chittorgarh Tehsil And District
Chittorgarh. (Presently Lodged At Dist. Jail Chittorgarh)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Goverdhanlal Rekar S/o Mangilal, R/o Kachnariya, Regar
Mohalla, Near Railway Station Chanderiya, Chittorgarh.
----Respondents
For Petitioner(s) : Mr. Umesh Kant Vyas
For Respondent(s) : Mr. Vikram Rajpurohit, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
21/03/2025
1. By way of filing the instant criminal misc. petition, a
challenge has been made to the order dated 19.02.2025
passed by the learned Session Judge, Chittorgarh
(hereinafter to be referred as 'the appellate court') in
Criminal Appeal No.31/2025, whereby the application under
Section 389 of Cr.P.C. filed by the petitioner was allowed with
the condition to deposit 20% of the compensation amount.
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:15338] (2 of 3) [CRLMP-2416/2025]
under Sections 138 of the N.I. Act vide judgment dated
29.03.2022 passed by the learned Special Judicial Magistrate
(NI Act Cases), Chittorgarh (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 19.02.2025, the learned appellate
court allowed the application under Section 389 of the Cr.P.C.
with the condition of depositing 20% of the compensation
amount, 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 19.02.2025.
6. Accordingly, the instant criminal misc. petition is allowed in
part and the order dated 19.02.2025 passed by the learned
Session Judge, Chittorgarh in Criminal Appeal No.31/2025, is
modified in the manner that now the petitioner would
[2025:RJ-JD:15338] (3 of 3) [CRLMP-2416/2025]
deposit 10% of the cheque amount instead of 20% of the
compensation amount, as awarded by the learned trial court.
7. The stay petition is also disposed of.
(FARJAND ALI),J
257-Samvedana/-
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