VISHRAM KUMAR S/O SHRI RAMPRASAD v. STATE OF RAJASTHAN
CRLMP/6966/2024 · 2025-03-06
Ganesh Ram Meena
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 42670 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42670 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:10153] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6966/2024 Vishram Kumar S/o Shri Ramprasad, Aged About 49 Years, Resident Of Village Berla, Tehsil And Police Station Laxmangarh, District Alwar. ----Petitioner Versus
1. State of Rajasthan, through Public Prosecutor.
2. Chandra Shekhar S/o Kundanlal age 35 years R/o Laxmangarh Rehseel and PS Laxmangarh Alwar. ----Non-Petitioners For Petitioner(s) : Ms. Shweta Soni For Respondent(s) : Mr. Amit Punia, PP Mr. Pradeep Singh HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 06/03/2025
1. This criminal misc. petition has been filed by the accused petitioner with a challenge to order dated 12.09.2024 passed by the Addl. District & Sessions Judge No.2, Alwar in Criminal Appeal No.28/2024, whereby while allowing the application for suspension of sentence of the accused-petitioner, a condition of depositing 20% of the amount of fine/compensation was imposed as ordered by the learned trial Court.
2. At the very outset, learned counsel for the petitioner made a limited prayer that the petitioner was allowed to deposit 20% of the fine/compensation as directed by the learned trial Court but since the time allowed by the trial Court has already expired, the petitioner may be allowed further ten days' time to deposit the same.
[2025:RJ-JP:10153] (2 of 2) [CRLMP-6966/2024]
3. The petitioner was convicted for the offences punishable under Section 138 of the N.I. Act vide judgment dated 12.06.2024 passed by the trial Court.
4. Being aggrieved by the conviction and sentence, the petitioner preferred an appeal before the Addl. District & Sessions Judge No.2, Alwar which was registered as Criminal Appeal No.28/2024. Alongwith the appeal, the petitioner has also moved an application for suspension of sentence.
5. The Appellate Court vide order dated 05.07.2024 allowed the application for suspension of sentence with certain conditions including the condition of depositing 20% of the fine/compensation amount in view of provisions of Section 148 of the N.I. Act.
6. Since the petitioner is ready to deposit the amount as
directed by the trial Court, counsel for the petitioner has prayed for allowing further ten days’ time as the time allowed by the trial Court has already expired, this Court in the interest of justice deems it just and proper to exercise the inherent jurisdiction and feels that ends of justice would meet if the petitioner will be granted further ten days’ time to deposit the amount as directed by the Appellate Court.
7. Accordingly, this criminal misc. petition is disposed and the petitioner is allowed further ten days' time from today to deposit the 20% of the fine/compensation amount as order by the Addl. District & Sessions Judge No.2, Alwar vide its order dated 05.07.2024 in Criminal Appeal No.28/2024.
(GANESH RAM MEENA),J GAURAV SRIVASTAVA /26