[2025:RJ-JP:21341] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2469/2025 Smt. Lucky Sharma Wife Of Dharmendra Singh, Aged About 36 Years, R/o C-4/152, Siddhi Vinayak Appaertment, Chitrakoot, Vaishali Nagar, Jaipur District Jaipur (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Susheel Kumar Sharma Son Of Shri Antaram Sharma, Aged About 37 Years, R/o 147 Brij Nagar, Nearby Kakaji Ki Kothi, Agra Road, Bharatpur Tehsil And District Bharatpur. ----Respondents For Petitioner(s) : Mr. Kapil Nagayach, Adv. For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 21/05/2025 1. The petitioner has preferred this petitioner under Section 528 of BNSS for waiving the condition imposed on the grant of suspension of sentence by the learned Additional Sessions Judge No.4, Bharatpur in Criminal Appeal No.22/2025, whereby, the petitioner was directed to deposit 20% of the cheque amount during the pendency of the appeal within a stipulated time period of 30 days. Thereafter, the petitioner sought extension of time period for further 60 days and the learned Appellate Court extended the time for 60 days. It is contended by learned counsel for the petitioner that the petitioner is a lady and her financial condition is not well and she is unable to deposit the amount therefore, the amount imposed upon the petitioner may be waiver. [2025:RJ-JP:21341] (2 of 3) [CRLMP-2469/2025] The learned counsel has placed reliance on the judgment of Jamboo Bhandari Vs. M.P. State Industrial Development corporation Ltd. & Ors., in Criminal Appeal No.2741/2023 dated 04.09.2023. 2. Heard and perused the material available on record. 3. The facts of the case reveals that the complaint against the petitioner under Section 138 of the N.I. Act was filed before the concerned Court in the year 2017 and the learned Trial Court convicted the petitioner and sentenced her for one year imprisonment along with a fine of Rs.7,40,000/-. The petitioner was also sentenced for two months simple imprisonment if she fails to deposit the amount of Rs.7,40,000/-. Thereafter, the petitioner has filed an appeal before the Additional Sessions Judge No.4, Bharatpur, and the Appellate Court vide order dated 27.02.2025 imposed 20% of fine amount as mandated by Section 148 of the N.I. Act and granted 30 days time period to the petitioner to deposit the said amount. The petitioner after the expiry of the said period of 30 days again submitted an application for further extension of time period for 60 days and the learned Appellate Court allowed the same and extended the time period by 60 days. The Hon’ble Apex Court in the matter of Jamboo Bhandari (Supra) held that in exceptional circumstances the Court may reduce the amount of 20% as provided under Section 148 of N.I. Act upon it’s discretion. Though the provision of Section 148 of N.I. Act is not mandatory in nature, however, considering the fact that the complainant faced the agone of the litigation for almost 7 years and in between, the petitioner has neither attempted to compromise and nor intended to deposit the [2025:RJ-JP:21341] (3 of 3) [CRLMP-2469/2025] amount, therefore, after considering the entire facts, I do not find any cogent reason to exercise discretion in favour of the petitioner or to grant any relief to the petitioner. 4. Accordingly, the present petition filed by the petitioner under Section 528 of BNSS is hereby dismissed. However, the petitioner is granted 45 days time period to deposit the amount as imposed by the learned Appellate Court, from today. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava/-25