[2025:RJ-JP:5513] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8276/2024 Raghav Katta Son Of Shri Satish Katta, Resident Of 16, 17, Khwas Ji Ka Bag, Durgapura, Jaipur (Raj). ----Petitioner Versus 1. State of Rajasthan, Through P.P. 2. Sodhani Gems International, Address-1445, Bahar Gangaur Ka Rasta, Jauhari Bazar, Through Proprietor Rajkumar Sodhani. 3. Rajkumar Sodhani Son Of Shri Ramavtar Sodhani, Owner Of Firm Sodhani Gems International, Address- 1445, Bahar Gangaur Ka Rasta, Jauhari Bazar, Jaipur (Raj). ----Respondents Connected With S.B. Criminal Miscellaneous (Petition) No. 7960/2023 Raghav Katta Son Of Shri Satish Katta, Resident Of 16, 17, Khwas Ji Ka Bag, Durgapura, Jaipur (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through P.P. 2. Sodhani Gems International, Address- 1445, Bahar Gangaur Ka Rasta, Jauhari Bazar, Jaipur (Raj). Through Proprietor Rajkumar Sodhani. 3. Rajkumar Sodhani Son Of Shri Ramavtar Sodhani, Owner Of Firm Sodhani Gems International, Address- 1445, Bahar Gangaur Ka Rasta, Jauhari Bazar, Jaipur (Raj). ----Respondents For Petitioner(s) : Mr. Shiv Shankar Choudhary, Advocate For Respondent(s) : Mr. Manvendra Singh Shekhawat, P.P. Mr. Rahul Ghiya, Advocate HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 07/02/2025 : S.B. Criminal Miscellaneous (Petition) No. 8276/2024. [2025:RJ-JP:5513] (2 of 3) [CRLMP-8276/2024] Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred on behalf of accused- petitioner against the impugned order dt.12.09.2024 passed by the Court of Additional District & Sessions Judge, No.9, Jaipur Metropolitan- II, in Criminal Regular Appeal No.22/2022 titled as Raghav Katta Vs. State of Rajasthan & Others, whereby the said Court has ordered to send the record of the ld. trial Court, while issuing direction/warrants against the petitioner as he made a default in depositing the 20% amount of compensation in compliance of order dt.24.06.2022. S.B. Criminal Miscellaneous (Petition) No. 7960/2023 Instant petition under Section 482 of Cr.P.C. has been preferred on behalf of accused-petitioner against the impugned order dt.24.06.2022 passed by the Court of Additional District & Sessions Judge, No.9, Jaipur Metropolitan-II, in Criminal Regular Appeal No.22/2022 titled as Raghav Katta Vs. State of Rajasthan & Others, whereby the said Court has stayed the execution of the sentence with the condition to deposit 20% of the amount of compensation within a period of 60-days. The complainant had filed a complaint under Section 138 of the N.I. Act before the ld. trial Court against the petitioner. The ld. trial Court vide its order dt.27.05.2022 sentenced the petitioner to undergo six months simple imprisonment with fine of Rs.8,25,000/-. The petitioner had challenged the order dt.27.05.2022 before ld. Appellate Court. The appellate Court had stayed the execution of the sentence vide order dt.24.06.2022 with the condition to deposit 20% of the amount of compensation within a period of 60-days & while the petitioner made a default in deposition of 20% amount, vide order dt.12.09.2024 the ld. Appellate Court issued arrest warrants against the petitioner. [2025:RJ-JP:5513] (3 of 3) [CRLMP-8276/2024] Learned counsel appearing for the accused-petitioner submits that the petitioner has filed a complaint/F.I.R. before the Court of ld. Chief Metropolitan Magistrate, Jaipur Metropolitan stating therein that the cheque in question was given to the respondents in commercial transactions but the same has been misused by the respondents and, thereafter, ld. Chief Metropolitan Magistrate had taken cognizance against the respondent Nos.2 & 3. Counsel further submits that looking to the facts & circumstances of case, the petitioner may be exempted to pay the 20% of compensation amount pursuant to order dt.24.06.2022 while quashing & setting aside the impugned order dt.12.09.2024 passed by the ld. trial Court. After arguing to some extent, learned counsel appearing for the accused-petitioner in both the petitions, submits that the petitioner is ready to deposit the aforesaid 20% amount of compensation & he prayed that some reasonable time may be granted. Heard learned counsel appearing for the parties. Perused the material made available on record. Looking to the facts & circumstances of case & considering the submissions made at bar as well as for the reasons & grounds detailed out in the petition, the time i.e. upto 27th February, 2025 is granted to the petitioner to deposit the 20% of the amount of compensation before the ld. Appellate Court in compliance of the order dt.24.06.2022 passed by the ld. Appellate Court. Till then, the petitioner shall not be arrested. In case, the aforesaid amount of compensation is not deposited on or before 27.02.2025, the order dt.12.09.2024 shall came into force. Consequently, the present petitions stand disposed of. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J. Ashok-MANOJ ADWANI /102-103