[2025:RJ-JD:38295]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6930/2025 Dalpat Singh S/o Shri Lal Singh, Aged About 60 Years, Ro Sankhalon Ka Baas Magra Punjla Jodhpur Metropolitan ----Petitioner Versus

1. State Of Rajasthan, Through Public Prosecutor

2. Amber Jain S/o Rajendra Kumar, R/o M 08 Paota A Road Jodhpur Metropolitan ----Respondents For Petitioner(s) : Mr. JS Bhati.

For Respondent(s) : Mr. Narendra Singh Chandawat, PP.

HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

27/08/2025

1. Grievance of the petitioner herein is against the order dated 02.07.2025, passed by the learned Additional Sessions Judge No.1, Jodhpur Metropolitan in Criminal Appeal No.310/2025, 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 Act, suspension of sentence can only be allowe