HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.5123/2025 Smt. Lucky Sharma Wife Of Dharmendra Singh, Aged About 36 Years, R/o C-4 /152, Siddhi Vinayak Appaertment, Chitrakoot, Vaishali Nagar, Jaipur District Jaipur (Raj). ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Kapil Nagayach For Respondent(s) : Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND Order 24/11/2025 1. By way of filing this criminal misc. petition, a challenge has been led to the impugned order dated 29.07.2025 passed by the Additional Chief Judicial Magistrate (PCPNDT Act Cases), Bharatpur. 2. Learned counsel for the petitioner submits that the petitioner was found guilty for offences under Section 138 of the Negotiable Instruments Act, 1881 against which an appeal was preferred along-with an application was submitted seeking suspension of sentence before the court of Additional Sessions Judge No.4 Bharatpur (for short “Appellate Court”), wherein the petitioner was directed to deposit 20% of the cheque amount within a period of 30 days. Learned counsel submits that the money could not be arranged within the stipulated time, hence, he sought extension of 60 days and the same was granted, even then the aforesaid amount could not be deposited within a period of 60 days. (2 of 4) [CRLMP-5123/2025] Learned counsel submits that thereafter, the petitioner approached this Court by way of filing S.B. Criminal Misc. Petition No.2469/2025 seeking further extension and this Court rejected the said petition, but granted 45 days time to deposit the amount as directed by the Appellate Court. 3. Learned counsel for the petitioner further submits that on account of strike before the trial court, the order could not be complied with and the demand draft of 20% of the cheque amount was prepared on 28.07.2025 and the same was submitted on 29.07.2025. Learned counsel submits that the delay has occurred on account of strike before the trial court, but this fact has not been appreciated and the trial court has refused to accept the demand draft of 20% of the cheque amount. Learned counsel submits that the delay has occurred on account of the strike before the trial court, hence, a short time be granted to the petitioner to deposit 20% of the cheque amount in the interest of justice. 4. Perusal of the record indicates that a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short “the Act of 1881”) was submitted against the petitioner in the year 2017, wherein she was convicted and sentenced for one year with a fine of Rs.7,40,000/- by the trial court against which an appeal was preferred by the petitioner before the court of Additional Sessions Judge No.4, Bharatpur and passed an order on 27.02.2025 directing the petitioner to deposit 20% of cheque amount and granted her 30 days time to deposit the same before the trial court, thereafter again an application for extension of 60 days was submitted by the petitioner before the Appellate Court (3 of 4) [CRLMP-5123/2025] and the same was granted however, inspite of above, she failed to deposit the same within the above stipulated time and again she approached this Court by way of filing S.B. Criminal Misc. Petition No.2469/2025 seeking further extension. Though, the said petition was rejected, but still further 45 days time was granted to the petitioner to deposit the aforesaid amount. 5. This fact is not in dispute that the petitioner has failed twice to comply with the order passed by the Appellate Court and the order passed by this Court. Though, a plea has been taken by the petitioner to deposit the aforesaid amount, which could not be deposited by her on account of strike before the trial court. No document has been placed on record by the petitioner to show bonafides that the demand draft was prepared within a period of 45 days as granted by this Court and the same could not be deposited before the trial court on account of strike. 6. It appears that the sole object of the petitioner is to delay the disposal of the appeal that is why thrice the extension has been sought and now for the fourth time, the same prayer has been made, but looking to the fact that the petitioner is a lady, this Court deems it just and proper to enhance the cheque amount from 20% to 25% and grant her last and final opportunity to deposit before the trial court within a period of 15 days from today. 7. In case, she fails to deposit 25% of the cheque amount before the trial court, the Appellate Court would be at liberty to proceed against the petitioner in accordance with law. (4 of 4) [CRLMP-5123/2025] 8. Accordingly, the instant criminal misc. petition, stay application and all applications (pending, if any) stand disposed of. (ANOOP KUMAR DHAND),J Karan/21