[2025:RJ-JP:15164] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1883/2025 Hanuman Choudhary, Son Of Ram Kishor Choudhary, Aged About 33 Years, Resident Of Mundiya Khurd, Tehsil Chaksu, District Jaipur 303901, Presently Resident Of Plot No. 72, Gayatri Nagar, Sanganer, Jaipur 302023. ----Petitioner Versus Rang Lal Khuteta Son Of Late Jeevan Lal Khuteda, Aged About 85 Years, Resident Of Plot No. D-7, Jamunanagar, Sodala, Jaipur (Raj). ----Respondent For Petitioner(s) : Mr. Anshul Sharma For Respondent(s) : HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 03/04/2025 The present miscellaneous petition has been preferred on behalf of the petitioner under Section 528 of B.N.S.S. against the order dated 15.03.2025 passed by the Court of learned Additional District & Sessions Judge, No.4, Jaipur Metropolitan-II, in Criminal Appeal No.60/2024, whereby the application filed by the petitioner seeking extension of time to deposit 20% of the compensation amount i.e. Rs.83600/- in pursuant to the order dt.10.12.2024 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.4,18,000/- by the Court of learned Special Judicial Magistrate (N.I. Act Cases), No.11, Jaipur Metropolitan-II [2025:RJ-JP:15164] (2 of 3) [CRLMP-1883/2025] vide its order dated 28.10.2024. Thereafter, the petitioner preferred an appeal against the said order along with an application for suspension of sentence. The learned Appellant Court passed a conditional order dt.10.12.2024, wherein the sentence awarded to the petitioner was suspended provided he shall deposit 20% of the compensation amount i.e. Rs.83600/- within a period of two 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 i.e. Rs.83600/- 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 i.e. Rs.83600/- imposed by learned Appellate Court vide order dated 10.12.2024. 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 10.12.2024, is extended for further ten days’ from today. [2025:RJ-JP:15164] (3 of 3) [CRLMP-1883/2025] 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 SAURABH /21