Citation : 2025 Latest Caselaw 13541 Raj
Judgement Date : 20 September, 2025
[2025:RJ-JD:42292]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6420/2025
Jasraj Soni S/o Shri Ramkishan Ji, Aged About 55 Years,
Resident- Tinwari Main Road, Sbi Bank's Back Lane, Village
Tinwari, Tehsil Osiya, District Jodhpur, Rajasthan.
----Petitioner
Versus
1. Ms Shreeji Bullion Refinery Through Owner Shri
Chandansingh Bhati S/o Shri Premsingh Bhati, Office-
Baiji Ka Talab Road, Opposite Old Age Home, Ghodo Ka
Chowk, Jodhpur Raj.
2. State Of Rajasthan, Through Pp
----Respondents
For Petitioner(s) : Mr. Bhawani Singh Chouhan a/w Mr.
Vishnu Lal Shreemali.
For Respondent(s) : Mr. SR Choudhary, PP.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
20/09/2025
1. By way of filing the present criminal misc. petition, a
challenge has been made to the order dated 23.06.2025 passed
by the learned Additional Sessions Judge No.5, Jodhpur Metro, in
Criminal Appeal No.296/2025.
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 facing
financial crunch, therefore, he is unable to satisfy the said
condition to deposit the 20% of the fine amount, the said
condition being discretionary, be removed. In support of his
argument, learned counsel has placed reliance upon the judgment
(Uploaded on 20/09/2025 at 05:43:41 PM)
[2025:RJ-JD:42292] (2 of 2) [CRLMP-6420/2025]
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 23.06.2025 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 23.06.2025
passed by the learned Additional Sessions Judge No.5, Jodhpur
Metro, in Criminal Appeal No.296/2025. 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 within a
period of one month from the date of this order.
5. All pending applications, if any, shall stand disposed of.
(MUKESH RAJPUROHIT),J 76-Jitender
(Uploaded on 20/09/2025 at 05:43:41 PM)
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