Rajasthan High Court – Jaipur
Ramakant S/O Late Shri Chakrapani vs State Of Rajasthan (2025:Rj-Jp:27576) on 23 July, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:27576]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3674/2025
Ramakant S/o Late Shri Chakrapani, R/o 34/ 38, Mansarovar,
Jaipur.
----Petitioner/Complainant
Versus
1. State Of Rajasthan, Through P.P.
.....Respondent
2. Dinesh Gupta S/o Shri Dwarka, R/o 207, Second Floor
Virndawan Complex, Central Spine Vidhyadhar Nagar,
Jaipur, Second Address- Plot No.33, Shiv Colony-Ii, New
Sanganer Road, Jaipur.
----Respondent/Accused
Connected With
S.B. Criminal Miscellaneous (Petition) No. 3170/2025
Dinesh S/o Shri Dwarka, Aged About 59 Years, R/o 207, 2 Nd
Floor, Vrindavan Complex, Central Spine Vidhyadhar Nagar, Distt.
Jaipur, Rajasthan 2Nd Address- Plot No. 33, Shiv Colony Second
New Sanganer Road, Jaipur.
----Petitioner/Accused
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Ramakant S/o Late Shri Chakrapani, R/o 34/38,
Mansarovar, Jaipur, Rajasthan.
—-Respondents
For Petitioner(s) : Mr. Rajeev Surana, Sr. Adv. Assisted
by Mr. Umang Jain &
Ms. Muskan Verma (In SBCRLMP
No.3674/2025)
Mr. Abhinav Srivastava
For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP
Mr. Rishi Raj Singh Rathore, PP
Mr. Rajeev Surana, Sr. Adv. Assisted
by Mr. Umang Jain &
Ms. Muskan Verma (In SBCRLMP
No.3170/2025)
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HON’BLE MR. JUSTICE SAMEER JAIN
Judgment
23/07/2025
The cross petitions are filed with a prayer: –
In S.B. Criminal Miscellaneous (Petition) No. 3674/2025:
“It is therefore, humbly prayed that the order
08.05.2025 passed by special judge (Fake Currency
Cases) Jaipur metropolitan-I, Presiding Officer Arun
Godara whereby 20% amount be deposited by
convicted respondent No.2 in conviction and sentence
of Rs.13863000/- compensation has been reduced from
27,72,600/- (20%) to amount of Rs.10 lakhs have been
ordered to be deposited against the mandatory
provision vide impugned order dated 08.05.2025 in
appeal No.29/2025 titled as Dinesh Kumar v/s
Ramakant Sharma may kindly be quashed and set aside
and consequently the complete amount 20% in
accordance with Section 148 of N.I. Act be charged and
as the respondent No.2 has indulged in tactics delay the
appeal itself be decided expeditiously within a period of
2 months.”
In S.B. Criminal Miscellaneous (Petition) No. 3170/2025:
“It is therefore most humbly prayed that the Criminal
Miscellaneous Petition filed by the petitioner may be
allowed and the order under challenge dated
08.05.2025 passed by the Learned Court of Special
Judge, (Jali Note Prakaran), Jaipur Metropolitan-I in
criminal appeal no.29/2025 may be modified and the
condition of pre-deposit of Rupees 10 Lakhs as interim
compensation may be set aside.
Any other order or relief which Hon’ble court fits and
proper may also be passed in favour of
Petitioner/Accused.”
Learned counsel for the parties have apprised this Court that
learned trial Court has reduced the said amount taking note of the
fact that accused/convicted person was destitute and indigent
person who is dependent on his son. Further, an application is
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moved by the accused/convicted person seeking waiver of the
requirement qua 20 percent pre-deposit in toto, whereas, the
petitioner/complainant has moved an application for enhancement
of the amount which was reduced by the learned trial Court.
Further, reliance is placed upon judgment passed by Hon’ble Apex
Court in Jamboo Bhandari vs. M.P. State Industrial
Development Corporation Ltd. and Ors. ; 2023 INSC 822 and
judgment passed at Principle Seat, Jodhpur in Asha Devi vs
Narayan Keer; S.B. Criminal Misc(Pet.) No. 7408/2024.
Furthermore, it is submitted that impugned order is passed
in an ex-parte manner without considering the evidences placed
by the complainant therein.
Taking note of the submissions made by the learned counsel
for the parties and judgments relied upon the learned counsel tiled
as Jamboo Bhandari (supra) and Adha Devi (supra), this Court
has noted that impugned order dated 08.05.2025 is passed in an
ex-parte manner sans providing audience to the complainant
therein and that the same is passed without analyzing the
evidence placed on record by the complainant therein, therefore,
this Court deems it apposite to remand the matter to the learned
trial Court for consideration.
Further, respective parties are at liberty to file appropriate
application along with the appropriate evidences within an upper
limit of 15 days and learned trial Court is directed to consider the
documents, if placed, and pass appropriate orders within a period
of fifteen days, thereafter.
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Further, it is directed that no coercive action be taken qua
the accused till the adjudication of the matter by the learned trial
Court.
In view of the above, the instant petitions are disposed of.
Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J
JKP/103-104
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