[2025:RJ-JP:11437] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1438/2025 Fatija W/o Mubarik Kaji, R/o Ward No 16, Sultana, Tehsil Chirawa, District Jhunjhunu (Raj). ----Petitioner Versus Rajendra Singh S/o Sajjan Singh, Aged About 53 Years, R/o Sultana, Tehsil Chirawa, District Jhunjhunu (Raj) ----Respondent For Petitioner(s) : Mr. Dileep Singh Jadoun For Respondent(s) : HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 12/03/2025 The present petition has been filed by the petitioner against the order dated 06.11.2024 passed by the Court of learned Additional Sessions Judge, Chirawa, Distt. Jhunjhunu (Rajasthan) in Criminal Appeal No.29/2024, whereby the application filed by the petitioner for extension of time for depositing the 20% amount of the fine/penalty imposed on the petitioner, was dismissed. Learned counsel for the petitioner submits that the petitioner was convicted by the Court of learned Judicial Magistrate, Chirawa, Distt. Jhunjhunu for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo six months simple imprisonment alongwith fine of Rs.4,15,000/- vide its judgment dated 03.08.2024 in Regular Complaint No.43/2021. The petitioner filed a regular Appeal No.29/2024 against the aforesaid judgment dt.03.08.2024 alongwith application for suspension of sentence and learned Appellate Court while allowing the application for suspension of sentence, imposed a condition to [2025:RJ-JP:11437] (2 of 3) [CRLMP-1438/2025] deposit 20% of the fine/penalty amount within a period of 60 days. Learned counsel further submits that due to petitioner’s ill health, Diwali holidays and her financial instability, she could not deposit the said amount within the stipulated time period i.e. till 30.10.2024. Learned counsel further submits that the petitioner filed an application for extension of time for depositing the aforesaid amount but the same was dismissed by learned Appellate Court vide order dated 06.11.2024. Thus, looking to the entire facts of the case and taking into account the adverse circumstances of the petitioner, the present miscellaneous petition be allowed and considerable time be extended for depositing the said amount. Heard learned counsel for the petitioner and perused the material made available on record. Considering overall facts & circumstances of the case, the present miscellaneous petition is allowed. The impugned order dt. 06.11.2024 passed by learned Appellate Court, in regular Appeal No.29/2024, is quashed & set aside and the time given to the petitioner for depositing the fine/penalty amount in compliance of the order dt.30.08.2024 passed by learned Appellate Court, is hereby extended for the next fifteen days from today. In the meanwhile, the effect & operation of order dt.03.08.2024 passed by the Court of learned Judicial Magistrate, Chirawa, Distt. Jhunjhunu, in Regular Complaint No.43/2021, shall remain stayed. In case, the petitioner fails to deposit the said fine/penalty amount within the given time of fifteen days, learned Trial Court [2025:RJ-JP:11437] (3 of 3) [CRLMP-1438/2025] as well as learned Appellate Court shall be at liberty to take appropriate action in accordance with the law. The present misc. petition stands disposed of accordingly. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAHIL SONI /40