[2025:RJ-JD:35983]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6397/2025 Satyaprakash Jakhar S/o Shri Purkharam Choudhary, Aged About 44 Years, R/o 111 Behind Goutam School Dhanesh Nagar Saran Nagar Banar Road Jodhpur ----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Shri Kishan S/o Shri Hardeen Ram, R/o Gunsali Tehsil Degana District Nagaur Rajasthan ----Respondents For Petitioner(s) : Mr.JS Bhati.

For Respondent(s) : Mr. Narendra Singh, PP. HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

12/08/2025

1. Grievance of the petitioner herein is against the order dated 29.07.2025, passed by the learned Special Judge, SC/ST (PA) Cases, Merta, District Nagaur in Criminal Appeal No.29/2025, whereby the application filed by petitioner/accused under Section 415 of BNSS in a pending appeal against his conviction under Section 138 of the Negotiable Instruments Act, 1881, was allowed subject to the deposit of 20% as interim compensation, failing which, the petitioner was to undergo the sentence awarded by the trial court.

2. The impugned order of learned Sessions Court is primarily premised on the reasoning that as per Section 148 Negotiable Instruments Act, sus