[2025:RJ-JP:27576] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 3674/2025 Ramakant S/o Late Shri Chakrapani, R/o 34/ 38, Mansarovar, Jaipur. ----Petitioner/Complainant Versus 1. State Of Rajasthan, Through P.P. …..Respondent 2. Dinesh Gupta S/o Shri Dwarka, R/o 207, Second Floor Virndawan Complex, Central Spine Vidhyadhar Nagar, Jaipur, Second Address- Plot No.33, Shiv Colony-Ii, New Sanganer Road, Jaipur. ----Respondent/Accused Connected With S.B. Criminal Miscellaneous (Petition) No. 3170/2025 Dinesh S/o Shri Dwarka, Aged About 59 Years, R/o 207, 2 Nd Floor, Vrindavan Complex, Central Spine Vidhyadhar Nagar, Distt. Jaipur, Rajasthan 2Nd Address- Plot No. 33, Shiv Colony Second New Sanganer Road, Jaipur. ----Petitioner/Accused Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Ramakant S/o Late Shri Chakrapani, R/o 34/38, Mansarovar, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Rajeev Surana, Sr. Adv. Assisted by Mr. Umang Jain & Ms. Muskan Verma (In SBCRLMP No.3674/2025) Mr. Abhinav Srivastava For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Rishi Raj Singh Rathore, PP Mr. Rajeev Surana, Sr. Adv. Assisted by Mr. Umang Jain & Ms. Muskan Verma (In SBCRLMP No.3170/2025) [2025:RJ-JP:27576] (2 of 4) [CRLMP-3674/2025] HON'BLE MR. JUSTICE SAMEER JAIN Judgment 23/07/2025 The cross petitions are filed with a prayer: - In S.B. Criminal Miscellaneous (Petition) No. 3674/2025: “It is therefore, humbly prayed that the order 08.05.2025 passed by special judge (Fake Currency Cases) Jaipur metropolitan-I, Presiding Officer Arun Godara whereby 20% amount be deposited by convicted respondent No.2 in conviction and sentence of Rs.13863000/- compensation has been reduced from 27,72,600/- (20%) to amount of Rs.10 lakhs have been ordered to be deposited against the mandatory provision vide impugned order dated 08.05.2025 in appeal No.29/2025 titled as Dinesh Kumar v/s Ramakant Sharma may kindly be quashed and set aside and consequently the complete amount 20% in accordance with Section 148 of N.I. Act be charged and as the respondent No.2 has indulged in tactics delay the appeal itself be decided expeditiously within a period of 2 months.” In S.B. Criminal Miscellaneous (Petition) No. 3170/2025: “It is therefore most humbly prayed that the Criminal Miscellaneous Petition filed by the petitioner may be allowed and the order under challenge dated 08.05.2025 passed by the Learned Court of Special Judge, (Jali Note Prakaran), Jaipur Metropolitan-I in criminal appeal no.29/2025 may be modified and the condition of pre-deposit of Rupees 10 Lakhs as interim compensation may be set aside. Any other order or relief which Hon’ble court fits and proper may also be passed in favour of Petitioner/Accused.” Learned counsel for the parties have apprised this Court that learned trial Court has reduced the said amount taking note of the fact that accused/convicted person was destitute and indigent person who is dependent on his son. Further, an application is [2025:RJ-JP:27576] (3 of 4) [CRLMP-3674/2025] moved by the accused/convicted person seeking waiver of the requirement qua 20 percent pre-deposit in toto, whereas, the petitioner/complainant has moved an application for enhancement of the amount which was reduced by the learned trial Court. Further, reliance is placed upon judgment passed by Hon’ble Apex Court in Jamboo Bhandari vs. M.P. State Industrial Development Corporation Ltd. and Ors. ; 2023 INSC 822 and judgment passed at Principle Seat, Jodhpur in Asha Devi vs Narayan Keer; S.B. Criminal Misc(Pet.) No. 7408/2024. Furthermore, it is submitted that impugned order is passed in an ex-parte manner without considering the evidences placed by the complainant therein. Taking note of the submissions made by the learned counsel for the parties and judgments relied upon the learned counsel tiled as Jamboo Bhandari (supra) and Adha Devi (supra), this Court has noted that impugned order dated 08.05.2025 is passed in an ex-parte manner sans providing audience to the complainant therein and that the same is passed without analyzing the evidence placed on record by the complainant therein, therefore, this Court deems it apposite to remand the matter to the learned trial Court for consideration. Further, respective parties are at liberty to file appropriate application along with the appropriate evidences within an upper limit of 15 days and learned trial Court is directed to consider the documents, if placed, and pass appropriate orders within a period of fifteen days, thereafter. [2025:RJ-JP:27576] (4 of 4) [CRLMP-3674/2025] Further, it is directed that no coercive action be taken qua the accused till the adjudication of the matter by the learned trial Court. In view of the above, the instant petitions are disposed of. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/103-104