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[2025:RJ-JP:28682] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3890/2025 Shrimati Rukmani Devi W/o Shankar Singh, Aged About 60 Years, R/o Plot No B-343, Murlipura Scheme, Jaipur (Rajasthan) ----Petitioner Versus
1. Rakesh Sharma S/o Shree Vinod Kumar Sharma, R/o A- 242-243 Murlipura Scheme, Jaipur (Raj.)
2. State Of Rajasthan, Through PP ----Respondents For Petitioner(s) : Dr. Sachin Kumar Sharma For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 29/07/2025
Learned counsel for the petitioner has submitted that the petitioner is a senior citizen, uneducated lady who is in a pitiful situation, is not in a stable health condition and is bed-ridden. It is further submitted that due to same the petitioner was unable to deposit the due amount as warranted and directed under the provisions of Section 148 of NI Act. Learned counsel has relied upon the judgment of this Court titled as Asha Devi Vs. Narayan Keer: S.B. Criminal Misc. Petition No.7408/2024 and has submitted that looking to the unique and peculiar facts of the case equity should be drawn, as substantive justice will fail if the petitioner is not granted an opportunity to comply with the directions.
[2025:RJ-JP:28682] (2 of 2) [CRLMP-3890/2025]
Learned counsel has fairly conceded before the Court that the conviction was passed in the year 2023. It is further submitted that for depositing 20% of the amount, an order was passed in the year 2024 however, on account of the above said reasons, delay is caused. It is further submitted that the petitioner is willing and ready to make due compliance disposition 20% of amount i.e. Rs.46000/- in a months’ time. Considering the foregoing facts of the case and noting down the above said argument, considering the age, financial position and fair concession and unique circumstances, this Court deems it fit to direct that 30% amount i.e. approximately Rs.70000/- be deposited within a period of one month form the date of passing of this order, in the manner as spelled out in the impugned order. Learned Trial Court to act accordingly. In view of the above, present petition is disposed of. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J JKP/54