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2025 DAILYLAW 34936 (RAJ)

MOHAMMED YUNUS S/O ISHAK MOHAMMED v. YODHRAJ SACCHAR S/O SAIDAS SACCHAR

CRLW/2227/2024 · 2025-02-05

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:5107] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Writ Petition No. 2227/2024 Mohammed Yunus S/o Ishak Mohammed, R/o Behind Vinod Bhawan Near Ganpati Traders, Chhipa Mohalla, Jhalarpatan Dist. Jhalawar (Raj.) ----Petitioner Versus 1. Yodhraj Sacchar S/o Saidas Sacchar, R/o Behind Swarn Koti Mandir, Jhalarpatan, Dist. Jhalawar (Raj.) 2. State Of Rajasthan, Through Pp ----Respondents For Petitioner(s) : Mr. Himanshu Agarwal, Advocate For Respondent(s) : Mr. M.S. Shekhawat, Public Prosecutor HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 05/02/2025 : Instant writ petition under Article 226/227 of Constitution of India has been preferred on behalf of petitioner against the impugned order dt.27.11.2024 passed by the Court of Sessions Judge, Jhalwar, in Criminal Appeal No.95/2024 titled as Mohammed Yunus Vs.Yodhraj Sacchar & another, whereby the application filed by petitioner seeking extension of stay & time to deposit 20% of the amount of compensation was dismissed. The complainant has filed a complaint under Section 138 of the N.I. Act before the Court of Judicial Magistrate, Jhalawar, which was decided on 12.06.2024 against the petitioner. Thereafter, the petitioner filed an appeal before the Court of Sessions Judge, Jhalwar. The said Court vide its order dt.15.07.2024, while staying the order dt.12.06.2024, directed the petitioner to deposit 20% of the compensation amount within a period of two months. Due to unforeseen circumstances, the petitioner could not deposit the aforesaid [2025:RJ-JP:5107] (2 of 2) [CRLW-2227/2024] 20% the amount of compensation within time. The petitioner filed an application before the ld. Appellate Court seeking extension of time to deposit the aforesaid amount till 30.11.2024. The ld. Trial Court dismissed the said application vide order dt.27.11.2024. Hence, this petition. Learned counsel appearing for the petitioner submits that the petitioner does not have any source of income & he was not able to deposit the amount of compensation as ordered by ld. Appellate Court on 15.07.2024. Now the petitioner is ready to deposit the aforesaid amount of compensation and, therefore, some reasonable time may be granted to the petitioner. Heard. Perused. For the reasons & grounds detailed out in the memo of petition & considering the submissions made at bar, further 15-day’s time i.e. upto 20th February, 2025 is granted to the petitioner to deposit 20% of the amount of compensation before the ld. Appellate Court in compliance of the order dt.15.07.2024 passed by the ld. Trial Court. Till then, the operation & effect of the order dt.27.11.2024 passed by the ld. Appellate Court shall remain stayed. In view of above, the present petition stands disposed of. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J. ASHOK