Rajasthan High Court – Jodhpur
Rameshwar Lal vs State Of Rajasthan (2025:Rj-Jd:15967) on 26 March, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:15967]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2543/2025
Rameshwar Lal S/o Siran, Aged About 53 Years, R/o Rawtkheda
Ps Jahajpur District Bhilwara Currently Residing At Rajwas Ps
Shakkargarh
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Bhanwarlal S/o Udaypal, R/o Aamlda Ps Shakkargarh
District Bhilwara
----Respondents
For Petitioner(s) : Mr. Mohan Ram Choudhary
For Respondent(s) : Mr. Vikram Rajpurohit, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
26/03/2025
1. By way of filing the instant misc. petition, a challenge has
been made to the order dated 09.01.2025 passed by the learned
Additional District and Session Judge No.3, Bhilwara in Criminal
Appeal No.16/2025, whereby the application under Section 389 of
Cr.P.C. filed by the petitioner was allowed with the condition to
deposit 20% of cheque amount.
2. Heard learned counsel for the parties and gone through the
material as made available to this Court.
3. After conviction under Section 138 of the Negotiable
Instrument Act, the petitioner moved an appeal along with an
application under Section 389 of Cr.P.C. The appeal was admitted
and the application under Section 389 of Cr.P.C. was allowed vide
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[2025:RJ-JD:15967] (2 of 2) [CRLMP-2543/2025]
order dated 09.01.2025 imposing a condition of depositing 20% of
the cheque amount awarded by the 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 (2023) 10
SCC 446, there is no need to direct the appellant to deposit 20%
of the fine/cheque amount as well as imposition of a condition for
deposition of 20% of the fine/cheque amount is not imperative
and mandatory.
5. In view of the limited prayer, the financial predicament of the
petitioner and the other circumstances and 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 09.01.2025.
6. Accordingly, the instant misc. petition is partly allowed.
7. The condition of deposition of 20% of the cheque amount
vide impugned order dated 09.01.2025 is modified. Now, the
petitioner would deposit 10% of the fine/cheque amount instead
of 20% of the fine amount.
8. Stay petition stands disposed of.
(FARJAND ALI),J
258-chhavi/-
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