Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Lakhan – Appellant
Versus
Jagdish – Respondent
ORDER :
(FARJAND ALI, J.)
1. By way of filing the instant criminal misc. petition, a challenge has been made to the order dated 19.12.2024 passed by the learned Additional Sessions Judge, No.3, Udaipur (hereinafter to be referred as ‘the appellate court’) in Criminal Appeal No.634/2024, whereby the application under Section 430 of BNSS filed by the petitioner was allowed with the condition to deposit 20% of fine amount within 1 month.
2. Heard learned counsel for the parties and perused the material as made available to this Court as well as the order under assail.
3. Bereft of elaborate details, briefly stated facts of the case are that the petitioner was tried and convicted for the offence under Section 138 of the N.I. Act vide judgment dated 29.11.2024 passed by the learned Special Judicial Magistrate, N.I. Act Cases No.06, Udaipur (hereinafter to be referred as ‘the trial court’). Aggrieved of the judgment of conviction, he preferred an appeal before the learned appellate court along with an application under Section 430 of BNSS for suspension of sentence awarded by the learned trial court. Vide the order under assail dated 19.12.2024, the learned appellate court allowed the applic
The court modified the appellate order, reducing the deposit requirement from 20% to 10% of the cheque amount, emphasizing adherence to Supreme Court precedents.
The imposition of a deposit condition for suspension of sentence under Section 389 Cr.P.C. is not mandatory and can be modified based on judicial discretion.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
