[2025:RJ-JP:26146] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3914/2025 Sita Ram S/o Shri Heera Lal Saini, R/o Flat No. 302 Third Floor, Sangeet Mahal Apartment, Ramlila Ground Sikar, Tehsil And District Sikar (Rajasthan) ----Petitioner Versus Radheshyam Soni S/o Shree Damodar Parsad Soni, Aged About 50 Years, R/o Flat No. 307 Third Floor, Sangeet Apartment, Ramlila Ground Sikar, Tehsil And District Sikar (Rajasthan) ----Respondent For Petitioner(s) : Mr. Deepak Soni For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy. G.A. HON'BLE MR. JUSTICE SAMEER JAIN Judgment 14/07/2025 Learned counsel for the petitioner has submitted that vide order dated 17.05.2025 the petitioner was directed to deposit 20 per cent of fine amount or compensation amount under Section 148 of the NI Act. Further, reliance is placed upon the judgment passed by Co-ordinate Bench of this Court in Sita Ram vs Smt. Manju Soni; SBCRLMP No. 4033/2025, wherein the Court has directed the concerned Court to re-consider the case of the petitioner therein, for the reason that order qua deposition of 20 percent amount was passed without application of mind. Therefore, akin relief ought to be granted to the petitioner herein. Considering the foregoing facts and circumstances of the case and taking note of the fact that the petitioner is a builder; [2025:RJ-JP:26146] (2 of 2) [CRLMP-3914/2025] that the petitioner is financially sound and affluent; that no financial hardship is faced by the petitioner; that the matter pertains to the year 2020; that while placing reliance upon the judgment passed by Hon’ble Supreme Court in Jamboo Bhandhari vs. M.P. State Industrial Development Corporation Ltd. & Ors.; Cr. Appeal No. 2741/2023, wherein, it is held that purposive interpretation should be made of Section 148 of the N.I. Act. Normally, Appellate Court will be justified in imposing the condition of deposit as provided in Section 148. However, in a case where the Appellate Court is satisfied that the condition of deposit of 20% will be unjust or imposing such a condition will amount to deprivation of the right of appeal of the appellant, exception can be made for the reasons specifically recorded, this Court is of the opinion that learned trial Court has passed a reasoned order. Further, as per the settled position of law, powers under Section 528 of B.N.S.S should be exercised in exceptional cases, thus, this Court finds no reason to interfere with the present petition. Accordingly, the present petition is dismissed. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/s-340