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2024 DIGILAW 532 (RAJ)

Dinesh Sonkhiya v. Mahesh Vijay

2024-04-02

SUDESH BANSAL

body2024
ORDER : Mr. Sudesh Bansal, J. - By way of instant criminal miscellaneous petition under Section 482 Cr.P.C., petitioner has challenged the order dated 02.01.2024 passed by Additional Sessions Judge, No.9, Jaipur Metropolitan-I in Criminal Appeal No.22/2023 whereby and where under while suspending the sentence awarded against petitioner for offence under Section 138 NI Act, same has been made subject to deposition of 20% of the compensation amount so determined by the trial Court in the judgment dated 4th September, 2023 passed in criminal appeal No.2741/2023 (Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd.). 2. Counsel for the petitioner at the outset, admits that the petitioner has deposited 20% amount as ordered by the Appellate Court in the impugned order, however, the appellate Court has indicated erroneous presumption in the order that the sentence can be suspended only on deposition of 20% of the compensation amount as per mandate of Section 148(1) NI Act moreover, the quantum of 20% compensation may be enhanced. 3. The contention of learned counsel for petitioner is that such observations/findings of the appellate Court in the order impugned 02.01.2024 travels beyond the proposition of law as expounded by Hon'ble Supreme Court in case of Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd. [ (2023) 10 SCC 446 ]. 4. This Court in view of fact that petitioner has already made compliance of the impugned order and has deposited the 20% of compensation amount in compliance thereof is not inclined to enter into merits of such observations, however, it is suffice to observe that the Hon'ble Supreme Court in case of Jamboo Bhandari (supra) has made it clear that the rule to deposit 20% of the compensation amount at the appellate stage is not an absolute rule, but can accommodate exceptions, in exceptional circumstance. 5. With the aforesaid observations, without interference to the impugned order, the instant petition stands disposed of. 6. Stay application and any other pending application, if any, stand disposed of.