[2025:RJ-JP:44107] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6708/2025 Ratan Agarwal Son Of Shri Rajendra Agarwal, Aged About 49 Years, Resident Of Plot No. 36, J.s. Colony, Road No. 17, Vishwakarma Industrial Area, Jaipur (Raj). Second Address- Care Of Mahalaxmi Kirana And General Store, 93A, J.s. Colony, Road No.17,vishwakarma Industrial Area, Jaipur (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Shankarlal Soni, Son Of Shri Premchand Soni, Age Adult, Resident Of Plot No. 151 G, Bhawani Nagar, Murlipura, Sikar Road, Jaipur (Raj). ----Respondents For Petitioner(s) : Mr.Sandeep Kumar For Respondent(s) : Mr.Amit Punia, Addl.GA-cum-PP JUSTICE ANOOP KUMAR DHAND Order 03/11/2025 1. The present petition has been filed by the petitioner under Section 528 of B.N.S.S., 2023 challenging the order dated 13.05.2025 passed by the Additional Sessions Judge No.8, Jaipur Metropolitan-I (hereinafter referred to as, "the Appellate Court") whereby the Appellate Court while allowing the application filed by the petitioner for suspension of sentence in a pending appeal against the conviction under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as, "the NI Act") has directed the petitioner to deposit 20% of the fine amount. 2. Learned counsel for the petitioner submits that the Appellate Court was not justified for directing the petitioner to deposit 20% [2025:RJ-JP:44107] (2 of 3) [CRLMP-6708/2025] of the fine amount because by putting such condition it has taken away the petitioner’s right to file an appeal. Learned counsel submits that financial condition of the petitioner is very poor and he is suffering from the financial crisis, therefore, the amount of fine shall be relaxed against the petitioner. 3. In support of his aforesaid contention, learned counsel for the petitioner placed reliance upon the judgment of the Hon’ble Supreme Court in the case of Jamboo Bhandari Vs. M.P. State Industrial Development Corporation Ltd & Ors. reported in (2023) 10 SCC 446, and judgment of the Coordinate Bench of this Court at Principal Seat, Jodhpur in the case of Kailash Soni Vs. State of Rajasthan & Anr. while deciding SB Criminal Misc. Petition No.2624/2024 and judgment of the Coordinate Bench of this Court in the case of Harsh Mucchal Vs. Raghav Kacholiya while deciding SB Criminal Misc. Petition No.7955/2024. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Considering the arguments put forward by the learned counsel for the petitioner and looking to the judgment passed by the Hon’ble Apex Court in the case of Jamboo Bhandari (supra), judgment of the Coordinate Bench of this Court at Principal Seat, Jodhpur in the case of Kailash Soni (supra) and the judgment passed in the case of Harsh Mucchal (supra), this Court deems it just and proper to modify the impugned order dated 13.05.2025 passed by the Appellate Court to the extent that the petitioner shall deposit 10% of the fine amount in place of 20%. [2025:RJ-JP:44107] (3 of 3) [CRLMP-6708/2025] 6. Accordingly, the instant criminal misc. petition stands partly allowed. The impugned order dated 13.05.2025 passed by the Appellate Court stands modified only to the extent of fine amount. Hence, the petitioner is directed to deposit 10% of the fine amount and the rest of the conditions imposed by the Appellate Court shall remain as it is. 7. In case, 10% of the fine amount is not deposited by the petitioner within a period of two weeks from today, the order dated 13.05.2025 will come into picture automatically and the petitioner would deposit 20% of the fine amount as directed by the Appellate Court. 8. Till then, no coercive steps shall be taken against the petitioner. 9. Stay application and all other application(s), pending if any, also stands disposed of accordingly. (ANOOP KUMAR DHAND),J Aayush Sharma /33