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2025 DAILYLAW 24778 (RAJ)

RAJKUMAR SAIN S/O SHRI ROOPNARAYAN SAIN v. STATE OF RAJASTHAN

CRLMP/4316/2025 · 2025-09-20

Sudesh Bansal

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:38860] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4316/2025 Rajkumar Sain S/o Shri Roopnarayan Sain, Aged About 37 Years, R/o 1629, Paliwalo Ka Chowk, Bhatto Ki Gali ,opposite Old Vhidhansabha, Jaipur. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Vivek Gupta S/o Shri Pulin Kumar Gupta, R/o 174, Jain Vihar, Behind Kamla Nehru Nagar, Ajmer Road, Jaipur. ----Respondents For Petitioner(s) : Mr. Mohammed Anees For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 20/09/2025 1. Accused-petitioner has impugned the order dated 21.06.2025 passed by the Additional and Sessions Judge No.4, Jaipur Metropolitan-II in Criminal Appeal CIS No.486/2025 asking petitioner to deposit 20% of the compensation amount i.e. 64,000/- of compensation amount of Rs.3,20,000/- under Section 148 of NI Act, 1881. 2. The reasons of having no financial capacity of petitioner to pay such amount have already been considered by the Sessions Court in the order dated 21.06.2025 on merits and counsel for petitioner is not able to show any additional reasons to satisfy the Court to grant exemption from deposition of 20% of compensation amount. The case of petitioner does not fall within ambit and scope of the ratio decidendi expounded by the Hon'ble Supreme [2025:RJ-JP:38860] (2 of 2) [CRLMP-4316/2025] Court in case of Jamboo Bhandari Vs. M.P. State Industrial Development Corporation Ltd. and Ors. [(2023) 10 SCC 446]. 3. Counsel for petitioner after arguing the petition for some time, seeks permission to withdraw with liberty to extend some time to deposit the compensation amount. 4. In that view, if petitioner deposits the amount on or before 10.10.2025 before the Sessions Court in terms of the order dated 21.06.2025, it is expected that on deposition, the order dated 21.06.2025, shall remain operative. 5. Accordingly, the present petition is dismissed as withdrawn with the liberty as prayed for. 6. All pending application(s), if any, stand(s) disposed of. (SUDESH BANSAL),J RONAK JAIMAN/3