HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5904/2025 Dinesh Kumar Gupta S/o Shri Dwarka Prasad Gupta, aged about 59 Years, R/o 207, Second Floor, Vrindavan Complex, Central Spine Vidhyadhar Nagar, Jaipur, Second Address Plot No. 33 Shiv Colony, Second, New Sanganer Road, Jaipur. ----Petitioner Versus 1. State of Rajasthan, Through P.P. 2. Ramakant Sharma S/o Late Shri Chakrapani, R/o 34/38, Manasarovar, Jaipur. ----Respondents For Petitioner(s) : Mr. Manish Gupta Ms. Shweta Soni For Respondent(s) : Mr. Rajesh Choudhary-GA cum AAG Mr. Amit Punia-PP Ms. Muskan Verma Ms. Palak Sinha Ms. Ishika Ajay Somani JUSTICE ANOOP KUMAR DHAND Order 19/11/2025 1. By way of filing this criminal misc. petition, a challenge has been led to the impugned order dated 13.08.2025 passed by the Court of Special Judge (Fake Currency Cases), Jaipur Metropolitan-I (for short, “the Appellate Court”) by which a direction has been issued to the petitioner to deposit 20% of the cheque amount before the Appellate Court for hearing of the appeal, submitted by the petitioner against the impugned judgment dated 17.04.2025. 2. Counsel for the petitioner submits that the petitioner faced the trial for the offence under Section 138 of the Negotiable (2 of 5) [CRLMP-5904/2025] Instruments Act (for short, “the N.I Act”) before the Court of Special Judicial Magistrate (N.I. Act Cases) No. 9, Jaipur Metro-I and he was found guilty and was convicted for the above stated offences and has been sentenced to undergo one year and six months simple imprisonment with a further direction to pay the cheque amount of Rs. 1,38,63,000/- to the complainant. 3. Aggrieved by the aforesaid order, the petitioner preferred an appeal before the Appellate Court but before entertaining the appeal on its merit, the Appellate Court vide its order dated 08.05.2025 directed the petitioner to deposit a demand draft of Rs. 10 Lakhs in favour of the complainant. Counsel submits that a conditional order was passed for hearing of the aforesaid appeal. It appears that aggrieved by the aforesaid order dated 08.05.2025 both the complainant and the petitioner approached this Court by way of filing two criminal misc. petitions bearing Nos. 3674/2025 and 3170/2025 respectively and both the petitions were clubbed and consolidated together and decided by the Co-ordinate Bench of this Court vide order dated 23.07.2025 and both the matters were remitted to the Appellate Court and the Appellate Court was directed to decide the issue pertaining to payment of certain amount by the petitioner to the complainant, looking to the financial status of the petitioner. In pursuance of the aforesaid order, the matter was re-heard by the Appellate Court and this time, the Appellate Court vide order dated 13.08.2025 directed the petitioner to deposit 20% of the cheque amount i.e. Rs. 27,72,600/- in favour of the complainant for the purpose of hearing of the appeal. (3 of 5) [CRLMP-5904/2025] 4. Feeling aggrieved and dissatisfied by the aforesaid order dated 13.08.2025, the petitioner has approached this Court by way of filing the instant criminal misc. petition. 5. Counsel for the petitioner submits that financial condition of the petitioner is not such that he could pay such an exorbitant amount to the complainant. He further submits that the accused has a statutory right to file an appeal against the judgment of conviction and sentence and he cannot be deprived from exercising such right by putting the onerous condition of depositing 20% of the cheque amount in favour of the complainant for the purpose of hearing of the appeal. Hence, interference of this Court is warranted. 6. Per contra, learned counsel appearing on behalf of the complainant opposed the prayer and submitted that the NI Act provides for imposition of such condition, after conviction of the accused and the Appellate Court has not committed any error in passing the impugned order asking the petitioner to deposit 20% of the cheque amount by preparing a demand draft in the name of the complainant. Hence, the impugned order passed by the Appellate Court is just and proper, and the same does not require any interference of this Court and the criminal misc. petition is liable to be rejected. 7. Heard and considered the submissions made at Bar and perused the material available on record. 8. Perusal of the record indicates that the complainant filed a complaint under Section 138 of the N.I Act against the petitioner wherein after trial, the petitioner was convicted for the above stated offence and sentenced to one year and six months (4 of 5) [CRLMP-5904/2025] imprisonment and a further direction has been issued to pay the amount of cheque i.e. Rs. 1,38,63,000/- to the complainant vide judgment dated 17.04.2025. 9. Aggrieved by the aforesaid judgment dated 17.04.2025, an appeal was preferred before the Appellate Court wherein vide order dated 08.05.2025, the petitioner was directed to deposit a sum of Rs. 10 Lakhs in favour of the complainant by preparing a demand draft. Aggrieved by the aforesaid order, both the parties approached this Court by way of filing two different criminal misc. petitions, which were decided by a common order dated 23.07.2025 and the parties were directed to appear before the Appellate Court for passing fresh order. Now the Appellate Court has passed the impugned order dated 13.08.2025, asking the petitioner to deposit 20% of the total cheque amount. 10. Several arguments have been raised by counsel for the petitioner with regard to his financial crunch and poor financial status. This Court cannot lose sight of fact that the legislature, by way of amendment, now requires the accused to deposit at least 20% of the cheque amount at the appellate stage. 11. Though, in some of the matters, leniency has been granted in favour of the accused, looking to his poor financial condition, therefore this Court, without going into the aforesaid controversy and looking to the fact that when the petitioner has preferred an appeal, on earlier occasions, the Appellate Court had directed the petitioner vide order dated 08.05.2025 to deposit a sum of Rs. 10 Lakhs in favour of the complainant by way of filing a demand draft, after considering all facts and circumstances of the case, this Court deems it just and proper to restore the said order dated (5 of 5) [CRLMP-5904/2025] 08.05.2025 by quashing the subsequent order dated 13.08.2025 passed by the Appellate Court. 12. With the aforesaid modification, the present criminal misc. petition stands disposed of with direction to the petitioner to prepare a demand draft of Rs. 10 Lakhs in favour of the complainant within a period of two weeks from today and handover the same to the complainant. The complainant would thereafter submit an undertaking before the Appellate Court that in case, the appeal is allowed and the impugned order is quashed by the Appellate Court, he would refund the aforesaid amount to the petitioner with interest @ 6% p.a. 13. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/20