[2025:RJ-JP:41322] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6469/2025 Omprakash Yadav S/o Shri Bhagu Ram, Aged About 61 Years, R/o Village Dabla, Tehsil Neem Ka Thana, District Sikar, At Present Plot No. 29, Jagdishpuri, Chitrakoot, Vaishali Nagar, Jaipur, Rajasthan. ----Accused-Petitioner Versus 1. State Of Rajasthan, Through PP ---Respondent 2. Ghisha Ram Jat S/o Shri Murlidhar Jat, R/o Village Rajpur Bas Via Tala, Tehsil Jamwa Ramgarh, District Jaipur, Rajasthan. ----Complainant-Respondent For Petitioner(s) : Mr. Vijay Singh Shekhawat For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 10/10/2025 This criminal miscellaneous petition is filed for quashing the order dated 13.08.2025 passed by the learned Sessions Judge, Jaipur, District-Jaipur, (for brevity, ‘learned Appellate Court’) in criminal appeal No. 54/2025 NCV No. 55/2025 whereby, an application filed by the accused-petitioner (for brevity, ‘the petitioner’) for extension of time for depositing the 20% of the compensation amount was dismissed. The relevant facts in brief are that the Court of learned Judicial Magistrate, Jaipur District, Jaipur (for brevity ‘the trial Court’), vide its judgment dated 23.04.2025, while convicting the petitioner for the offence under Section 138 of Negotiable Instruments Act, 1881, sentenced him for one year and six months simple imprisonment with payment of compensation of Rs. 18,00,000/-, in default whereof, to undergo further simple imprisonment of four months and fifteen days. In the appeal preferred thereagainst by the petitioner, the learned Appellate [2025:RJ-JP:41322] (2 of 2) [CRLMP-6469/2025] Court, vide order dated 23.05.2025, suspended the sentence subject to, inter alia, deposition of 20% of the compensation amount with the learned trial Court within a period of 60 days. On 13.08.2025, the petitioner filed an application seeking extension of time for deposition of 20% of the compensation amount citing his poor financial condition; but, it was dismissed vide order impugned dated 13.08.2025. Learned counsel for the petitioner submits that he has already deposited a demand draft worth Rs. 3,60,000/-, i.e., 20% of the compensation amount, with the learned Appellate Court on 08.10.2025 and therefore, prays that time for deposition of the amount be extended till its actual deposition, i.e., 08.10.2025. Heard. Considered. Looking to the short controversy involved in the matter, this criminal miscellaneous petition is disposed of in following terms without issuing notice to the respondent No. 2:- 1. The order dated 13.08.2025 is quashed and set aside. The time for deposition of the 20% of the compensation amount is extended till its actual deposition with the learned Appellate Court on 08.10.2025. 2. The demand draft, so deposited by the petitioner, shall be dealt up with the learned Appellate Court in accordance with law. 3. A fine of Rs. 10,000/- is imposed upon the petitioner for delayed deposition without any justification which shall be deposited by him with the District Legal Services Authority, Jaipur within a period of two weeks from today. Pending application(s), if any, also stands disposed of. (MAHENDAR KUMAR GOYAL),J Tahir/Gautam/218