[2026:RJ-JP:3974] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 434/2026 Krishna Kumar Vyas Son Of Shri Lalit Kumar Vyas, Aged About 45 Years, Resident Of Vaibhav Vila, Mohanpura, Devanda Ki Dhani, Near Patrakar Colony, Mansarovar, Jaipur (Rajasthan). (At Present Accused Confined In Central Jail, Jaipur). ----Accused-Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Sohanlal Sharma Son Of Shri Bhagwan Sahay Sharma, Resident Of E-99, Vidhansabha Nagar, Dholai, Mansarovar, Jaipur (Rajasthan). ----Respondents For Petitioner(s) : Dr. R.K. Sharma, Adv., with Mr. Bhrigu Sharma, Adv. For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/01/2026 Instant criminal misc. petition under Section 528 of BNSS, 2023 has been filed on behalf of the petitioner with the following prayer: “(A). Quash and set aside the impugned order dated 05.01.2026 passed by the Ld. Special Metropolitan Magistrate (NI Act Cases) No.12, HQ Sanganer, Jaipur Metropolitan-I, (B). Quash the order dated 09.01.2026 of the Ld. Appellate Court (ADJ No.10) to the extent that it refused to accept the 20% deposit and the application dated 09.01.2026 filed by the petitioner may kindly be allowed and the petitioner may kindly be permitted to deposit Demand Draft No.271453 dated 07.01.2026 for Rs.3,90,000/- drawn on Union Bank of India, in favour of the complainant, towards compliance with the order dated 20.09.2025, as being 20% of the compensation determined as per Section 148 of the NI Act. (C). The Ld. trial Court may kindly be directed for immediate release of the petitioner Krishna Kumar Vyas from Central Jail, Jaipur, and restore the order of suspension [2026:RJ-JP:3974] (2 of 3) [CRLMP-434/2026] of sentence dated 20.09.2025 during the pendency of Criminal Appeal No.62/2025. (D). Any other order or relief which this Hon’ble Court deems fit and proper may also be passed in favour of the petitioner.” Learned counsel for the petitioner submits that the petitioner faced the criminal trial before the learned Special Metropolitan Magistrate (NI Act Cases) No.12, HQ Sanganer, Jaipur Metropolitan-I in Criminal Case No.512/21 (CIS No.185/21) wherein, vide judgment and order dated 25.08.2025, petitioner was convicted for offence under Section 138 of NI Act and sentenced to one year & six months’ simple imprisonment and a fine of Rs.19,50,000/- was also imposed. He further submits that appeal was presented by the petitioner against his conviction order dated 25.08.2025 alongwith an application for suspension of execution of his sentence. He submits that vide order dated 20.09.2025, said SOS application was accepted by learned Additional Sessions Judge No.10, Jaipur Metropolitan, Jaipur and petitioner was ordered to be released on bail upon furnishing his bail bond of Rs.20,000/- together with one surety of like amount and simultaneously it was also ordered that if the petitioner deposits 20% of the fine amount i.e. Rs.3,90,000/- under the provisions of Section 148 of NI Act within a period of one month, his sentence shall remain suspended. Learned counsel for the petitioner submits that on account of financial crises, said condition could not be complied with by the petitioner within the stipulated period of one month, therefore, the petitioner was arrested and produced by the Police before the [2026:RJ-JP:3974] (3 of 3) [CRLMP-434/2026] Appellate Court and vide order dated 05.01.2026, the Appellate Court passed the order to send the petitioner to Central Jail for serving the sentence passed by the Trial Court. He further submit that on 07.01.2026, the petitioner filed an application alongwith demand draft of Rs.3,90,000/- before the Appellate Court with the prayer that the said demand draft may be accepted and the order dated 20.09.2025 suspending the sentence of the petitioner may be revived, however, no order was passed by the Appellate Court on the application and posted the matter in the month of March, 2026. Taking into consideration the overall facts and circumstances of the case, without issuing notice to respondent No.2, this Court deems it just and proper to dispose of this petition with the following directions :- Learned Appellate Court is directed to immediately release the petitioner on furnishing his bail bond of Rs.20,000/- together with one surety of like amount by accepting the demand draft of Rs.3,90,000/- deposited by the petitioner alongwith his application dated 07.01.2026. The amount of said demand draft may be disbursed to the complainant/respondent No.2 after taking appropriate undertaking. With the aforesaid directions, this criminal misc. petition is disposed of. Stay application and pending application(s), if any, stand disposed of. (ANIL KUMAR UPMAN),J MADAN/179