[2025:RJ-JP:27757] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4273/2025 Banwari Lal Takar S/o Shri Narayan Takar, Resident Of Ramsinghpura @ Dyodiya, Tehsil Kishangarh Renwal, District Jaipur, Rajasthan. ----Petitioner Versus Hanuman Prasad Jakhad S/o Shri Mansharam, Resident Of Ramsinghpura @ Dyodiya, Tehsil Kishangarh Renwal, District Jaipur, Rajasthan. ----Respondent For Petitioner(s) : Mr. Sanjay Khedar For Respondent(s) : HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 24/07/2025 The instant criminal misc. petition is preferred under Section 528 of BNSS for quashing and setting aside the impugned order dated 14.05.2025 passed by learned Additional Session Judge No. 1, Sambharlake, Jaipur in Criminal Appeal No. 26/2025, whereby the learned appellate court while suspending the sentence of the petitioner under Section 138 of N.I. Act, directed the petitioner to deposit 20% of the fine/compensation amount in the trial court within a period of two months from the date of order. It is contended by learned counsel for the petitioner that learned Appellate Court in the impugned order did not consider the fact that the petitioner is not employed and enable to pay the amount. The impugned order passed by learned appellate court suffers from non application of mind and learned appellate court [2025:RJ-JP:27757] (2 of 2) [CRLMP-4273/2025] has not gone through the defence putforth by the appellant and imposed the condition of depositing 20% of the fine/compensation amount, therefore the impugned order dated 14.05.2025, may be set aside or in alternate the amount imposed by learned Appellate Court may be reduced. Heard and perused the material available on the record. Learned trial court in the impugned order has specifically dealt with the prayer made and considered the documents submitted by the petitioner. This court neither find any reason to set aside the order passed by learned Appellate Court nor any cogent ground to reduce the amount inflicted upon the petitioner. Accordingly, the present criminal misc. petition stands dismissed. All pending applications, if any, also stand disposed of. (PRAVEER BHATNAGAR),J ashu /86