[2026:RJ-JP:30122] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 4958/2026 CNR: RJHC020724242026 | URN: CRLMP / 11463U / 2026 Kashmir Singh S/o Bhanwar Singh, Aged About 51 Years, R/o Village Post 256, Pamdi Pada, Gurjaran, Raidayal Gurjar, Tehsil Gangapur City District Sawaimadhopur (Rajasthan). ----Accused-Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. -----Respondent 2. Bhanwar Singh S/o Shri Bhagirath Singh, R/o Plot No. 167 Amar Nagar -C, Khirni Phatak, Khatipura, Jaipur (Rajasthan) ----Complainant/Respondents For Petitioner(s) : Mr. T.C. Vyas, Adv. For Respondent(s) : Mr. M.S. Choudhary, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/08/2026 1. The instant Criminal Misc. Petition under Section 528 of BNSS has been filed on behalf of the petitioner assailing the orders dated 30.09.2024 and 28.04.2026 passed by the learned Special Judicial Magistrate (N.I. Act Cases) No.1, Jaipur Metropolitan-I in Criminal Case No.390/2017. By the order dated 30.09.2024, petitioner was declared absconder and warrant of arrest was issued against him, bail bonds of the petitioner were forfeited 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 28.04.2026, the application filed by [2026:RJ-JP:30122] (2 of 3) [CRLMP-4958/2026] the petitioner under Section 70(2) of Cr.P.C. (Section 72(2) of BNSS) has been dismissed. 2. Learned counsel for the petitioner submits that during the course of trial, dispute was settled by the parties amicably due to which petitioner did not appear before the trial Court. The learned Trial Court on the ground of non-appearance of the petitioner forfeited the bail bonds of the petitioner on 30.09.2024 and warrant of arrest was issued to ensure his presence. He further submits that the petitioner is facing criminal trial for the offence punishable under Section 138 of Negotiable Instruments Act. He submits that on account of unavoidable circumstances, petitioner could not appear before the learned trial Court, therefore, his bail bonds were forfeited and he was summoned through warrant of arrest and by the subsequent order, the trial Court declared the petitioner as absconder and also issued standing arrest warrant against him. 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. Counsel further submits that joint application was filed by the parties before the learned trial Court on 07.01.2023. According to which, parties settled their dispute for the amount of Rs.2,10,000/- and on the same day, Rs.1,20,000/- were paid to the complainant by the petitioner. 3. I have considered the submissions. 4. Considering overall facts and circumstances of the case and considering the fact that parties submitted the application for compromise before the trial Court on 07.01.2023 and the [2026:RJ-JP:30122] (3 of 3) [CRLMP-4958/2026] petitioner is facing trial for the offence punishable under Section 138 of NI Act, which is bailable in nature, this Court deems it proper to dispose of this petition with a direction that petitioner shall appear before the trial Court on or before 22.08.2026 and submit bail bonds to the satisfaction of the learned trial Court. Upon surrender and furnishing bail bonds, learned trial Court shall accept the same upon deposition of fine amount under Section 446 Cr.P.C. by the petitioner and subject to payment of cost of Rs.3,000/- payable to the complainant. Till 22.08.2026, the warrant of arrest issued against the petitioner shall be kept in abeyance. It is made clear that if the petitioner fails to surrender and deposit the fine amount before the trial Court on or before 22.08.2026, this order will 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 306/MADAN