[2025:RJ-JP:39642] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5433/2025 Nijamuddin Qureshi Son Of Shri Haji Abdul Hamid, Aged About 45 Years, Resident Of House No. 56-C, Waqf Nagar, Kota (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Kamal Bhai Son Of Shri Ali Mohammed, Aged About 47 Years, Resident Of 47, Aman Colony, Noori Jama Masjid, Main Road, Vigyan Nagar, Kota (Raj.) ----Respondents For Petitioner(s) : Mr. Anil K. Sharma For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 25/09/2025 1. Petitioner's application to waive the deposition of 20% of the amount, in compliance of the order dated 26.06.2025 passed by the appellate Court in Criminal Appeal No.352/2025, has been dismissed vide order dated 11.08.2025, which has been impugned in the present petition. 2. During course of arguments, counsel for petitioner has not prayed to waive deposition of 20% of the compensation amount, but his prayer is that some time may be extended to deposit such amount. Learned counsel pointed out that due to non-deposition of 20% of the compensation amount, petitioner has been sent to judicial custody. 3. Learned counsel for petitioner has assigned certain financial adversarial circumstances, prevailing with petitioner and in his [2025:RJ-JP:39642] (2 of 3) [CRLMP-5433/2025] family, due to which he could not arrange 20% of the compensation amount within time. 4. From perusal of provision of Section 148 of NI Act, it appears that same empowers the appellate Court to direct the appellant, who has been convicted for offence u/s. 138 of NI Act, to pay 20% of the compensation amount and the purpose is obvious that such amount is payable to the complainant, who has succeeded in establishing his legal recoverable dues of cheque amount against the accused. 5. In S.B. Criminal Miscellaneous (Petition) No. 6765/2019: Solar4Max.com v. Oxide Power Product Pvt. Ltd decided on 31.01.2020, passed by Coordinate Bench of this High Court, following observations were made: “11. A careful reading of view of the supreme court shows that the amendment while inserting the section 143A & 148 provides for grant of interim compensation in absence of the amount being paid within the said period. However, it does not entail any consequences and the provision do not state that non compliance would have a particular result. Thus, in facts of each case, the period of depositing the amount can always be extended as the purpose in making amendment is essentially to grant relief to the aggrieved party by immediate compensation of payment of 20%of the total value of the cheque.” 6. Keeping in mind the aim & object of introducing such amendment in Section 148 of NI Act and the view expressed by Coordinate Bench and considering the family and financial adversarial circumstances of petitioner, this Court deems it just and proper, in exercising its inherent and extraordinary jurisdiction, to extend time to deposit 20% of the compensation amount by petitioner on or before 10.10.2025. 7. Accordingly, instant petition stands disposed of with liberty to petitioner to deposit 20% of the compensation amount in [2025:RJ-JP:39642] (3 of 3) [CRLMP-5433/2025] compliance of the order dated 26.06.2025 on or before 10.10.2025 and on deposition of such amount, same may be paid/ released to complainant as well as petitioner be released from the judicial custody. 8. It is hereby observed that this Order shall not affect hearing of criminal appeal on merits. 9. Stay application and pending application(s), if any, stand disposed of. 10. A copy of this Order be sent to concerned appellate Court. (SUDESH BANSAL),J Sachin/10