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2025 DAILYLAW 16115 (RAJ)

AJAY KUMAR BALI S/O LATE SH. R. K. BALI v. STATE OF RAJASTHAN

CRLMP/2421/2025 · 2025-04-29

Sameer Jain

Special Leave Petitionbody2025

Judgment text

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[2025:RJ-JP:17944] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2421/2025 Ajay Kumar Bali S/o Late Sh. R. K. Bali, R/o Apna Boutique, Near Daudpur Fatak, Alwar (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Motilal Sharma S/o Late Sh. Chouthmal Sharma, R/o 134, Ramkishan Colony, Near Jain Temple, Kala Kuaa, Alwar, (Raj.) ----Respondents For Petitioner(s) : Mr. Ajay Goyal For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP with Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 29/04/2025 The matter pertains to the year 2025. The concerned Court after conducting an intensive trial has convicted and imposed a penalty. By way of present petition, challenge is made to the order dated 28.02.2025, whereby directions were given qua pre-deposit of 20% under Section 148 of NI Act. Learned counsel for the petitioner has relied upon the judgment passed by Hon’ble Apex Court in Jamboo Bhandari vs. Madhya Pradesh State Industrial Development Corporation Ltd. and ors. and Muskan Enterprises & anr. vs. The State of Punjab & anr. arsing out of SLP (Crl.) No. 8072/2024 whereby, it is held that provisions of Section 148 and 20% [2025:RJ-JP:17944] (2 of 2) [CRLMP-2421/2025] pre-deposit are not mandatory and after intervention of the Court considering the undue hardship, relaxation can be given. Upon perusal of the impugned order dated 01.02.2025, this Court is of the opinion that statements tendered by the petitioner qua financial distress are vague therefore, said order is a speaking order and requires no interference. Accordingly, the present petition is dismissed. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J DEEPAK/17