Thavarchand vs State Of Rajasthan (2025:Rj-Jd:41404)
2025 Latest Caselaw 13271 Raj

Rajasthan High Court - Jodhpur

Thavarchand vs State Of Rajasthan (2025:Rj-Jd:41404) on 16 September, 2025

[2025:RJ-JD:41404]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7765/2025

Thavarchand S/o Bharta Nat, Aged About 61 Years, Kanera, Post
Chandrawada, Tehsil Anandpuri, District Banswara.
                                                                      ----Petitioner
                                      Versus
1.       State Of Rajasthan, PP
2.       Mohan       Lal   Panchori       S/o      Kachraji,       Nogama,   Teshil
         Bagidora, District Banswara.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. C.R. Choudhary
For Respondent(s)           :     Mr. Narendra Singh Chandawat, PP



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

16/09/2025

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

challenge has been made to the order dated 18.06.2025.

2. Briefly stated, the facts of the present case are that after

getting convicted for the offence punishable under Section 138 of

the Negotiable Instrument Act, the petitioner moved an appeal

along with an application under Section 430 BNSS (389 Cr.P.C.),

before the learned Appellate Court. The appeal was admitted and

while allowing the application filed under Section 430 BNSS (389

Cr.P.C.), the learned Appellate Court vide order dated 18.06.2025

imposed a condition of depositing 50% of the fine amount

awarded by the trial court.

3. 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

(Uploaded on 18/09/2025 at 07:34:08 PM)

[2025:RJ-JD:41404] (2 of 2) [CRLMP-7765/2025]

since the petitioner is facing financial crisis and is unable to satisfy

the said condition of depositing the 50% of the fine amount, the

said condition 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]).

4. 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 18.06.2025 may be made.

5. 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 18.06.2025. It is

ordered that now, the petitioner would deposit 20% of the cheque

amount instead of 50% of the fine amount as awarded by the trial

Court.

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

(MUKESH RAJPUROHIT),J 144-Ramesh/-

(Uploaded on 18/09/2025 at 07:34:08 PM)

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