Shoaib Ahmed vs Wega Electronics (2025:Rj-Jd:15333)
2025 Latest Caselaw 9266 Raj

Rajasthan High Court - Jodhpur

Shoaib Ahmed vs Wega Electronics (2025:Rj-Jd:15333) on 21 March, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:15333]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 2396/2025

 Shoaib Ahmed S/o Parvej Ahmed, Aged About 33 Years, R/o
 Opposite       Badminton             Hall,        Kumbhanagar,             Chittorgarh
 (Rajasthan).
                                                                           ----Petitioner
                                         Versus
 1.      Wega Electronics, Through Its Proprietor Vinod Kumar
         Rajdev S/o Nandi Ram Rajdev, R/o Sector No.2, Near
         Kanya Gurukul School, Pratapnagar, Chittorgarh, Tehsil
         And District Chittorgarh (Raj.).
 2.      State Of Rajasthan, Through Pp.
                                                                      ----Respondents


For Petitioner(s)                :   Mr. JVS deora
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 11.02.2025

passed by the learned Session Judge, Chittorgarh

(hereinafter to be referred as 'the appellate court') in

Criminal Appeal No.42/2025, 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 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.

[2025:RJ-JD:15333] (2 of 3) [CRLMP-2396/2025]

3. Bereft of elaborate details, briefly stated facts of the case are

that the petitioner was tried and convicted for the offence

under Sections 138 of the N.I. Act vide judgment dated

16.01.2025 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 11.02.2025, the learned appellate

court allowed the application under Section 389 of the Cr.P.C.

with the condition of depositing 20% of 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 11.02.2025.

6. Accordingly, the instant criminal misc. petition is allowed in

part and the order dated 11.02.2025 passed by the learned

[2025:RJ-JD:15333] (3 of 3) [CRLMP-2396/2025]

Session Judge, Chittorgarh in Criminal Appeal No.42/2025, is

modified in the manner that now the petitioner would

deposit 10% of the cheque amount instead of 20% of the

fine amount, as awarded by the learned trial court.

7. The stay petition is also disposed of.

(FARJAND ALI),J 240-Samvedana/-

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