Shri Ashok vs Shri Dilip (2025:Rj-Jd:20883)
2025 Latest Caselaw 42 Raj

Rajasthan High Court - Jodhpur

Shri Ashok vs Shri Dilip (2025:Rj-Jd:20883) on 1 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:20883]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3433/2025

Shri Ashok S/o Ishwarlal, Aged About 55 Years, R/o Pro. Tripura
Aryan Works Resident Saroda Tehsil Sagwara District Dungarpur
(Rajasthan).
                                                                    ----Petitioner
                                    Versus
1.       Shri Dilip S/o Thawarchand, R/o Galiana P.s. Dovda Dist
         Dungarpur
2.       State Of Rajasthan, Though Pp
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Vijendra Kumar
For Respondent(s)         :     Mr. Narendra Singh, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

01/05/2025

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

challenge has been made to the order dated 01.04.2025 passed

by the learned Additional District and Sessions Judge, Sagwara

District Dungarpur, whereby the application under Section 389

Cr.P.C. filed by the petitioner was allowed with the condition to

deposit 20% of fine amount within a period of 60 days.

2. Drawing attention of the Court towards the impugned order

and various documents attached with the case file, learned

counsel for the petitioner submitted that the petitioner is currently

unemployed and does not have any source of income to sustain

himself. Learned counsel thus prayed that since the petitioner is

facing financial crunch and is unable to satisfy the said condition

to deposit the 20% of the fine amount, the said condition being

[2025:RJ-JD:20883] (2 of 2) [CRLMP-3433/2025]

discretionary, be removed. In support of his argument, learned

counsel has placed reliance upon the judgment rendered by the

Hon'ble Supreme Court of India in the case of "Jamboo Bhandari

v. M.P. State Industrial Development Corporation Limited &

Ors.": (Criminal Appeal No(s). 2741 of 2023 [SLP (CRL)

No(s). 4927 of 2023]).

3. Learned counsel for the petitioner submitted that keeping in

view the law enshrined by the Hon'ble Supreme Court of India, a

suitable modification in the order dated 01.04.2025 may be made.

4. In view of aforesaid, the legal provisions of law ensued in

this regard by Hon'ble Supreme Court, this Court deems it just

and appropriate to dispose of the present criminal misc. petition

by making slight modification in the order dated 01.04.2025

passed by the learned Additional District and Sessions Judge,

Sagwara District Dungarpur in the criminal appeal no.15/2025. It

is ordered that now, the petitioner would deposit 10% of the

cheque amount instead of 20% of the fine amount as awarded by

the trial Court.

5. All pending applications, if any, shall stand disposed of.

(KULDEEP MATHUR),J 61-divya/-

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