Devvrat Tanwar vs State Of Rajasthan (2025:Rj-Jd:16325)
2025 Latest Caselaw 9516 Raj

Rajasthan High Court - Jodhpur

Devvrat Tanwar vs State Of Rajasthan (2025:Rj-Jd:16325) on 27 March, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:16325]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 2518/2025

 Devvrat Tanwar S/o Ram Singh, Aged About 32 Years, R/o
 Magan House, Bhavano Ka Mohalla, Purani Ginani, Bikaner
                                                                     ----Petitioner
                                     Versus
 1.      State Of Rajasthan, Through Pp
 2.      Leeladhar S/o Tejkaran Bhati, R/o Kesardesar Well,
         Behind Pink Model School, Purani Ginanani, Bikaner
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Hari Shankar Shrimali
For Respondent(s)          :    Mr. VS Rajpurohit, DyGA with
                                Mr. RS Bhati, AGA



                HON'BLE MR. JUSTICE FARJAND ALI

Order

27/03/2025

1. By way of filing the instant criminal misc. petition, a

challenge has been made to the order dated 18.08.2023

passed by the learned Additional Sessions Judge NO.6,

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

in Criminal Appeal No.126/2023, 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:16325] (2 of 3) [CRLMP-2518/2025]

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

21.07.2023 passed by the learned Special Judicial Magistrate

(NI Act Cases) No.3, Bikaner (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 18.08.2023, 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 18.08.2023.

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

part and the order dated 18.08.2023 passed by the earned

Additional Sessions Judge NO.6, Bikaner in Criminal Appeal

No.126/2023, is modified in the manner that now the

[2025:RJ-JD:16325] (3 of 3) [CRLMP-2518/2025]

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 224-Samvedana/-

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