RAJESH BHATIA @ RAJU BHATIA S/O SH. PREMPRAKASH BHATIA v. STATE OF RAJASTHAN
CRLMP/2352/2025 · 2025-04-29
Praveer Bhatnagar
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 41747 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41747 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:17942] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2352/2025 Rajesh Bhatia @ Raju Bhatia S/o Sh. Premprakash Bhatia, Owner Super Garments, 33-A, Hope Circus, Alwar. (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Ashok Kumar Jain S/o Shri Hukum Chand Jain, R/o Holi Upar, Harbaksh Ka Mohalla, District Alwar, (Raj.) ----Respondents For Petitioner(s) : Mr. Ajay Goyal For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP with Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 29/04/2025 The matter pertains to the year 2025. The concerned Court after conducting an intensive trial has convicted and imposed a penalty. By way of present petition, challenge is made to the
order dated 29.03.2025, whereby directions were given qua pre-deposit of 20% under Section 148 of NI Act.
Learned counsel for the petitioner has relied upon the
judgment passed by Hon’ble Apex Court in Jamboo Bhandari vs. Madhya Pradesh State Industrial Development Corporation Ltd. and ors. and Muskan Enterprises & anr. vs. The State of Punjab & anr. arsing out of SLP (Crl.) No. 8072/2024 whereby, it is held that provisions of Section 148 and 20%
[2025:RJ-JP:17942] (2 of 2) [CRLMP-2352/2025] pre-deposit are not mandatory and after intervention of the Court considering the undue hardship, relaxation can be given. Upon perusal of the impugned order dated 05.03.2025, this Court is of the opinion that statements tendered by the petitioner qua financial distress are vague therefore, said order is a speaking
order and requires no interference. Accordingly, the present petition is dismissed. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J DEEPAK/10