[2025:RJ-JP:14784] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1792/2025 Aashish Kumar Tiwadi S/o Shri Suresh Chand Sharma, Hall Appointed Clerk, Office Of Sub-Division Officer, Kachhari Premises, Alwar R/o House No. 2/98Neb, Alwar, Distt. Alwar. ----Petitioner Versus 1. State Of Rajasthan, Through PP 2. Bhupandar Yadav S/o Late Shri Deshraj Singh, R/o 58, Panchvati, Scheme No. 7, Alwar Tehsil And Distt. Alwar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Ankit Sharma for Mr. Hanish Khan For Respondent(s) : Mr. Jaiprakash Tiwari, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 02/04/2025 The present miscellaneous petition has been preferred on behalf of the petitioner under Section 528 of B.N.S.S. against the order dated 01.03.2025 passed by the Court of learned Additional District & Sessions Judge, No.3, Alwar, in Criminal Appeal No.75/2024, whereby the application filed by the petitioner seeking extension of five days’ time to deposit 20% of the compensation amount in pursuant to the order dt.22.04.2024 passed by learned Appellate Court, was dismissed. Brief facts of the case are that the petitioner was convicted for the offence under Section 138 of Negotiable Instruments Act with a fine of Rs.5,00,000/- by the Court of learned Special Judicial Magistrate (N.I. Act Cases), No.2, Alwar vide its order dated 28.03.2024. Thereafter, the petitioner preferred an appeal against the said order alongwith an application for suspension of [2025:RJ-JP:14784] (2 of 2) [CRLMP-1792/2025] sentence. The learned Appellant Court passed a conditional order dt.22.04.2024, wherein the sentence awarded to the petitioner was suspended provided he shall deposit 20% of the compensation amount within a period of one month. Learned counsel for the petitioner submits that due to his poor economical condition, the petitioner was not in a position to deposit the 20% of the compensation amount within the aforesaid period and therefore, as a last opportunity, ten days’ time be granted to the petitioner to deposit the aforesaid amount. Looking to the overall facts & circumstances of the case and the submissions made by learned counsel for the petitioner, this Court deems it just & proper to allow the present miscellaneous petition. Accordingly, the miscellaneous petitions is allowed. The petitioner is granted ten days’ time to deposit 20% of the compensation amount imposed by learned Appellate Court vide order dated 22.04.2024. In case of non-depositing of the aforesaid amount, learned Trial Court & learned Appellate Court shall be at liberty to take appropriate action against the petitioner in accordance with law. In view of the above, the time granted by learned Appellate Court for depositing the aforesaid 20% amount vide order dated 22.04.2024, is extended for further ten days’ from today. Office is directed to supply a copy of this order via E-mail as well as registered post to the learned Court(s) below for necessary information and compliance. (VINOD KUMAR BHARWANI),J SAHIL SONI /27