[2025:RJ-JP:2214] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.219/2025 Sulakshna Sharma W/o Prakash Sharma, Aged About 43 Years, R/o H.no. 30, Somnath Colony, Todgarh Road, Beawar, Other Address Prerna Foundation, Gibson Hostel, Beawar, Dist. Beawar. ----Petitioner Versus Krishna Devi D/o Bhimraj, Aged About 53 Years, R/o Nathu Ji Ka Badiya, Chang Chittar Road, Beawar, Dist. - Beawar, Raj. ----Respondent For Petitioner(s) : Ms. Bismaad Kaur For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 16/01/2025 1. The present petition has been filed by the petitioner under Section 528 of B.N.S.S., 2023 challenging the order dated 13.11.2024 passed by Additional District and Sessions Judge No.1, Beawer (hereinafter referred to as, "the Appellate Court") whereby the Appellate Court while allowing the application filed by the petitioner for suspension of sentence in a pending appeal against the conviction under Section 138 of Negotiable Instrument Act, 1881 (hereinafter referred to as, "the NI Act") has directed the petitioner to deposit 20% of the fine amount. 2. Learned counsel for the petitioner submits that the Appellate Court was not justified for directing the petitioner to deposit 20% of the fine amount because putting such condition has taken away [2025:RJ-JP:2214] (2 of 3) [CRLMP-219/2025] the petitioner’s right to file appeal. Learned counsel submits that financial condition of the petitioner is very poor and she is suffering from financial crisis, therefore, the amount of fine shall be relaxed against the petitioner. 3. In support of her aforesaid contention, learned counsel for the petitioner placed reliance upon the judgment of the Hon’ble Supreme Court dated 19.01.2021 in the case of Jamboo Bhandari Vs. M.P. State Industrial Development Corporation Ltd & Ors. reported in (2023) 10 SCC 446, and judgment of the Coordinate Bench of this Court at Principal Seat, Jodhpur in the case of Kailash Soni Vs. State of Rajasthan & Anr. while deciding SB Criminal Misc. Petition No.2624/2024 vide order dated 02.08.2024 and judgment of the Coordinate Bench of this Court in the case of Harsh Mucchal Vs. Raghav Kacholiya while deciding SB Criminal Misc. Petition No.7955/2024 vide order dated 27.11.2024. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Considering the arguments put forward by the learned counsel for the petitioner and looking to the judgment passed by the Hon’ble Apex Court in the case of Jamboo Bhandari (supra), judgment of the Coordinate Bench of this Court in the case of Kailash Soni (supra) and the judgment passed in the case of Harsh Mucchal (supra), this Court deems it just and proper to modify the impugned order dated 13.11.2024 passed by the Appellate Court to the extent that the petitioner shall deposit 10% of the fine amount in place of 20%. [2025:RJ-JP:2214] (3 of 3) [CRLMP-219/2025] 6. Accordingly, the instant criminal misc. petition stands partly allowed. The impugned order dated 13.11.2024 passed by the Appellate Court stands modified only to the extent of fine amount. Hence, the petitioner is directed to deposit 10% of the fine amount. Rest of the conditions imposed by the Appellate Court shall remain as it is. 7. In case, 10% of the fine amount is not deposited by the petitioner within a period of two weeks from today, the order dated 13.11.2024 will come into picture automatically and the petitioner would deposit 20% of the fine amount as directed by the Appellate Court. 8. Till then, no coercive steps shall be taken against the petitioner. 9. Stay application and all other application(s), pending if any, also stands disposed of accordingly. (ANOOP KUMAR DHAND),J Karan/42