[2025:RJ-JP:24500] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3247/2025 Mahesh Kumar Meena S/o Shri Basantaram, S/o Basantaram, Aged About 53 Years, Resident Of Shahjahanpur, Tehsil Neemrana, District Alwar (Now District Kotputli- Behror), Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Manoj Kumar S/o Shri Dalip Singh, Aged About 45 Years, Resident Of Bantawali Dhani Tan Daulatsinghpura, Tehsil Neemrana, District Alwar (Now District Kotputli- Behror), Rajasthan. ----Respondents For Petitioner(s) : Mr. Abhimanyu Singh Yaduvansi Mr. Kamal Yadav For Respondent(s) : Mr. Jitendra Singh Rathore, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 03/07/2025 1. By filing the instant criminal misc. petition under Section 528 of BNSS, the petitioner has assailed the order dated 22.01.2025 passed in Application No. 16/2024 by the learned Additional Sessions Judge No. 2 Behror, Alwar, whereby time granted to the petitioner for depositing Demand Draft having 20% value of the cheque amount was refused to be further extended. 2. Learned counsel for the petitioner would submit that against conviction vide judgment dated 23.10.2024 under Section 138 of NI Act, the petitioner filed appeal before the Appellate Court, wherein vide order dated 20.11.2024, the sentence was suspended subject to deposition of Demand Draft of Rs. 74,600/- within a period of sixty days, however, on account of bona fide [2025:RJ-JP:24500] (2 of 2) [CRLMP-3247/2025] reasons and lack of financial resources, the petitioner could not prepare the Demand Draft as directed and therefore, moved an application for extending the time and same was extended up to 05.02.2025. 3. Learned counsel for the petitioner would submit that even up to aforesaid date i.e. 05.02.2025 he could not prepare the Demand Draft, however, the Demand Draft was prepared on 10.02.2025, yet the same is not being taken on record and consequently he is being deprived of order of suspension of sentence which was earlier passed by the Appellate Court. 4. Learned counsel for the complainant is present before the Court. He has tendered his no objection, in case the time granted by the Appellate Court for depositing Demand Draft is extended. 5. This Court finds that Demand Draft prepared by the petitioner on 10.02.2025 has also lapsed on account of completion of three months, therefore, this criminal misc. petition stands disposed of with the direction that the petitioner would prepare a fresh Demand Draft within a period of fifteen days and shall be deposited in accordance with directions given by the Appellate Court vide order dated 20.11.2024. In case, the petitioner fails to deposit the fresh Demand Draft then the order with regard to suspension of sentence shall stand automatically vacated. 6. Accordingly, the present criminal misc. petition shall stand disposed of. (ANAND SHARMA),J DIVYA /68