[2025:RJ-JD:38384]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6875/2025 Kaluram Pensiya S/o Satyanarayan, Aged About 35 Years, R/o 20 LM (Luniya) Po 15 LM Tehsil Anoopgarh District Sri Ganganagar (Lodged In Sub Jail Anoopgarh)

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Gurjant Singh S/o Sh. Jay Singh, R/o Chak 5 Jm Po Chak

15 LM Anoopgarh Tehsil Anoopgarh District Sri Ganganagar ----Respondents For Petitioner(s) : Mr. D.S. Thind For Respondent(s) : Mr. Prem Singh Panwar, PP HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

27/08/2025

1. Grievance of the petitioner herein is against the order dated 23.02.2021, passed by the learned Additional Sessions Judge Anoopgarh in Criminal Appeal No.10/2021, whereby the application filed by petitioner under Section 430 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% of the fine amount, 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 Ac