HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7495/2025 1. Native Computers, Through Proprietor Vinod Sharma Address - 576, Shardul Singh Ki Naal, Choti Chaupad, Jaipur. 2. Vinod Sharma, Son Of Shri Radheyshyam Sharma, Aged About 52 Years, Proprietor Native Computers, Address - 576, Shardul Singh Ki Naal, Choti Chaupad, Jaipur. ----Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. M/s Goodluck Technology, Through Prorpietor Nilesh Mamodiya, Address - F-40, Alankar Plazar, Central Spine, Vidyadhar Naar, Jaipur. ----Respondents For Petitioner(s) : Mr. Lokesh Sharma with Ms. Anzum Parveen For Respondent(s) : Mr. Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 03/12/2025 1. The present petition has been filed by the petitioners under Section 528 of the BNSS, 2023 challenging the impugned order dated 09.10.2025 passed by the Court of Additional Sessions Judge No.5, Jaipur Metropolitan-II, Jaipur (hereinafter referred to as, "the Appellate Court") whereby the Appellate Court while allowing the application filed by the petitioners for suspension of sentence in a pending appeal against the conviction under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, "the NI (2 of 3) [CRLMP-7495/2025] Act") has imposed a condition on the petitioner to deposit 20% of the fine amount. 2. Learned counsel for the petitioners submits that the Appellate Court was not justified in directing the petitioners to deposit 20% of the fine amount because by putting such condition it has taken away the petitioners’ right to file an appeal. Learned counsel submits that the financial condition of the petitioner is poor and he is suffering from financial crisis, therefore, the amount of fine shall be relaxed against the petitioners. 3. In support of his aforesaid contention, learned counsel for the petitioners 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 the 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 the judgment of the Coordinate Bench of this Court in the case of Harsh Mucchala Vs. Raghav Kacholiya while deciding SB Criminal Misc. Petition No.7955/2024. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Considering the arguments put forward by learned counsel for the petitioners 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 (3 of 3) [CRLMP-7495/2025] Court at Principal Seat, Jodhpur in the case of Kailash Soni (supra) and the judgment passed in the case of Harsh Mucchala (supra), this Court deems it just and proper to modify the impugned order dated 09.10.2025 passed by the Appellate Court to the extent that the petitioner shall deposit 10% of the fine amount in place of 20%. 6. Accordingly, the instant criminal misc. petition stands partly allowed. The impugned order dated 09.10.2025 passed by the Appellate Court stands modified only to the extent of fine amount. Hence, the petitioners are 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 petitioners within a period of fifteen days from today, the order dated 09.10.2025 will come into picture automatically and the petitioners would deposit 20% of the fine amount as directed by the Appellate Court. 8. For a period of fifteen days from today, no coercive steps shall be taken against the petitioners. 9. The stay application and all other application(s), pending if any, also stands disposed of accordingly. (ANOOP KUMAR DHAND),J KuD/58