RAJESH RAJPAL v. DWARKADAS JAJU S/O LATE SHRI HARINARAYAN JAJU
CRLMP/695/2025 · 2025-02-13
Ganesh Ram Meena
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5708 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5708 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:6368] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 695/2025 Rajesh Rajpal, Owner Of Firm M/s Art India International, R/o F1 Lajpat Nagar-Iii, Lajpat Nagar, New Delhi-110024. ----Petitioner Versus Dwarkadas Jaju S/o Late Shri Harinarayan Jaju, Firm Owner Dwarka Jaju Impex R/o 1048, Jadio Ka Rasta, Chaura Rasta, Jaipur (Raj). ----Respondent For Petitioner(s) : Mr. Prakhar Gupta Ms. Priti Sharma Mr. Vijayant Yadav For Respondent(s) :
HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 13/02/2025
1.
Learned counsel for the petitioner made a limited prayer that the time for depositing the 20% of the fine amount as ordered by the Additional District & Sessions Judge No.7, Jaipur Metropolitan- I in CIS No.520/2024 on 27.09.2024 be extended for a period of ten days only in the interest of justice.
2. Counsel for the petitioner submits that the petitioner could not deposit the amount as directed vide order dated 27.09.2024 within the given period because his bank account was came to be frozen by the ED.
3.
Brief facts of the case are that the petitioner was convicted for offence under Section 138 NI Act vide judgment dated 29.08.2024 passed by the Special Judicial Magistrate NI Act, Cases No.13, Jaipur Metropolitan-I in Criminal Case No.728/2023
[2025:RJ-JP:6368] (2 of 3) [CRLMP-695/2025] and was sentenced to undergo one month simple imprisonment and compensation amount of Rs.33,13,000/- and against the
order of conviction and sentence the petitioner preferred appeal before the Appellate Court along with application for suspension of sentence.
4. The Appellate Court vide order dated 27.09.2024 allowed the application for suspension of sentence and along with other conditions the Appellate Court imposed a condition that the appellant shall deposit 20 % of the compensation amount in view of the provisions of Section 148 of NI Act.
5. The petitioner could not deposit the amount as directed by the Court within the prescribed time and he moved an application for extension of time and the same was dismissed vide order dated 11.12.2024. The petitioner again preferred an application for extension of time giving out certain reasons for not depositing the amount and the said application and was also dismissed vide
order dated 20.01.2025.
6. Taking into consideration the overall facts and circumstances of the case, this Court in exercise of inherent power vested under Section 528 of BNSS deems just and proper to extend the period for deposit 20% amount as directed by the Appellate Court.
7. Accordingly, this misc. petition is disposed of as under.
8. The petitioner is allowed ten days time from today to deposit 20% of the compensation amount as ordered by the Appellate Court vide order dated 27.09.2024. The amount shall be deposited before the Appellate Court within the given time and in case the petitioner fails to deposit the amount within the given time, this
order shall automatically seized its effect.
[2025:RJ-JP:6368] (3 of 3) [CRLMP-695/2025]
9. On depositing the amount, the same may be released to the complainant which will subject to final outcome of the appeal.
(GANESH RAM MEENA),J DIVYA SAINI /87