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2025 DAILYLAW 40926 (RAJ)

SMT MANJU SHARMA W/O ANIL KUMAR SHARMA v. GIRRAJ PRASAD KUMAWAT SON OF SURAJMAL KUMAWAT

CRLMP/144/2025 · 2025-01-13

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 144/2025 Smt Manju Sharma W/o Anil Kumar Sharma, Resident of Village Kishanpura @ Khatipura, Post Kapurawala, Tehsil Sanganer, District Jaipur (Raj). ----Petitioner Versus 1. Girraj Prasad Kumawat Son of Surajmal Kumawat, Resident of Sirohiyo Ki Talai, Muhana Road, Sanganer, Jaipur (Raj). 2. State of Rajasthan, Through P.P ----Respondents For Petitioner(s) : Mr. Anshul Sharma For Respondent(s) : Mr. Vivek Choudhary-PP JUSTICE ANOOP KUMAR DHAND Order 13/01/2025 1. The instant petition has been preferred against the impugned order dated 09.12.2024 passed by the Additional Session Judge, Jaipur Metropolitan-II by which the application filed by the petitioner seeking extension of time to deposit 20% amount has been rejected. 2. Counsel for the petitioner submits that the petitioner was convicted for the offence punishable under Section 138 of the N.I. Act 1881 by the trial Judge against which he preferred an appeal. Counsel submits that at the time of suspension of her sentence, the Appellate Court directed the petitioner to deposit the 20% of the cheque amount within a period of 60 days. Counsel submits that the petitioner could not comply the aforesaid order within the (2 of 2) [CRLMP-144/2025] above stipulated time and a request was made for extension of further time. Counsel submits that thereafter fifteen days further time was granted to the petitioner to deposit the aforesaid amount but the same could not be deposited within the above stipulated time. Counsel submits that the petitioner is a lady and is suffering from financial crises, hence, the order passed by the Appellate Court could not be complied within the above stipulated time. Counsel submits that the petitioner has already prepared a demand draft in favour of the complainant and she is ready and willing to deposit the same with the Appellate Court. 3. Considering the above factual aspect of the matter, the instant criminal misc. petition stands allowed and last opportunity is granted to the petitioner to deposit the 20% of the cheque amount with the Appellate Court within a period of seven days from today. It is made clear that if the petitioner fails to deposit the aforesaid amount with the Appellate Court within the above stipulated time, no further time would be granted to the petitioner to deposit the same and the Appellate Court would be free to proceed against her, in accordance with law. 4. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/44