[2026:RJ-JP:27823] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4530/2026 URN: CRLMP / 10357U / 2026 Shri Deena Khan Son of Piru Khan, R/o Khokhari Talab Kheda Mamawas Post Giri Vai Sendra Tehsil Raipur, District Beawar, Ra- jasthan ----Petitioner Versus 1. State of Rajasthan through Public Prosecutor 2. M/s Rajlaxmi Finance, 102 Mahaveer Bazar Through Owner Shri Pawan Jain Aged About 44 Year, Son of Prem- chand Jain R/o Khanna Colony, Beawar, District Beawar, Rajasthan ----Respondents For Petitioner(s) : Mr. Ankit Sharma For Respondent(s) : HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/07/2026 1. The instant Criminal Misc. Petition under Section 528 of BNSS has been filed on behalf of the petitioner assailing the order dated 12.02.2026 and order dated 06.11.2024 passed by learned Additional District and Sessions Judge No.3, Beawar, Rajasthan in Criminal Appeal No.112/23, 14/25. By the order dated 06.11.2024, bail bonds of the petitioner were forfeited and warrant of arrest was issued against him and proceedings under Section 446 of Cr.P.C. (Section 491 of BNSS) was also ordered to be initiated against the petitioner. By the order dated 12.02.2026, the petitioner was declared absconder and standing arrest warrant was issued against him. [2026:RJ-JP:27823] (2 of 3) [CRLMP-4530/2026] 2. Learned counsel for the petitioner submits that only on the ground of non-appearance of the petitioner for a day, bail bonds of the petitioner were forfeited on 06.11.2024 and warrant of arrest was issued to ensure his presence. He further submits that the petitioner was convicted for offence punishable under Section 138 of NI Act and thereafter, preferred the appeal against the same and the Appellate Court while suspending the sentence of petitioner ordered him to deposit compensation of 20% of the cheque amount. Counsel submits that on account of unavoidable circumstances, petitioner could not appear before the learned Appellate Court, therefore, his bail bonds were forfeited and he was summoned through warrant of arrest and by the subsequent order dated 12.02.2026, the Appellate Court declared the petitioner absconder and also issued standing arrest warrant against him. Counsel in his pleading at Para 6 has submitted that the petitioner has already deposited the compensation amount of 20% in compliance with the order dated 01.09.2023. Counsel submits that petitioner is ready to pay the fine amount under Section 446 Cr.P.C and he also undertakes that in future the petitioner will attend the Court proceedings on each and every date. 3. I have considered the submissions. 4. Considering overall facts and circumstances of the case and in the interest of justice, particularly noting that the petitioner and his advocate failed to appear before the learned trial court on a single date and bail bonds of the petitioner were forfeited, this petition is disposed of with a direction that petitioner shall appear [2026:RJ-JP:27823] (3 of 3) [CRLMP-4530/2026] before the trial Court on or before 31.07.2026 and submit bail bonds to the satisfaction of the learned trial Court along with the compensation amount of 20%, if not paid. Upon surrender and furnishing bail bonds, learned trial Court shall accept the same subject to deposition of fine amount under Section 446 Cr.P.C. Till 31.07.2026, the warrant of arrest issued against the petitioner shall be kept in abeyance. It is made clear that if petitioner fails to surrender and deposit the fine amount as well as 20% of fine/compensation amount, if same is not already deposited, before the trial Court on or before 31.07.2026, this order shall lose its efficacy. 5. With the aforesaid directions, this Criminal Misc. Petition is disposed of. 6. Stay application and pending application(s), if any, stand disposed of. (ANIL KUMAR UPMAN),J 193/LALIT MOHAN