[2026:RJ-JP:9778]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1340/2026

1. M/s Nikhil Textile Industries, F-7, RIICO Industries Area, Gegal, District Ajmer, Rajasthan Authorized/partner Naresh Garg S/o Shri Nemichand Garg.

2. Naresh Garg S/o Shri Nemichand Garg, Authorized/partner M/s Nikhil Textile, F-7, RIICO Industries Area, Gegal, District Ajmer, Rajasthan.

----Petitioners/Applicants/Accused/Appellants Versus

1. State Of Rajasthan, Through P.P. Alwar.

----Respondent

2. Rajkumar Jain S/o Shri Harakchand Oswal, Aged About

62 Years, R/o 2/70, Archana Villa, Kusum Vihar, R.K.

Colony, Madanganj, Kishangarh, District Ajmer.

----Respondent/Complainant For Petitioner(s) : Mr. Tapeshwar Pal Singh Parmar, Adv., with Ms. Chhaya Sharma, Adv.

For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

06/03/2026

1. By way of filing the present Criminal Misc. Petition, a challenge has been made to the order dated 16.02.2026 passed by the learned Additional Sessions Judge No.2, Kishangarh, District Ajmer in Criminal Appeal No.111/2025 whereby application for extension of time to deposit 25% of fine amount dated 02.12.2025 was dismissed.

2. Briefly stated, the facts of the present case are that after getting convicted for the offence punishable under Section 138 of the Negotiable Instrument Act, the petitioner moved an appeal along with an application under Section 430 of BNSS, before the learned Appellate Court. While allowing the application under Section 430 of BNSS, the learned Appellate Court vide order dated 02.12.2025 imposed a condition upon the petitioner to deposit 25% of the fine amount before the trial Court within a period of two months from the date of order. Vide order dated 04.02.2026, the said period to deposit the fine amount was further extended by the trial court till 16.02.2026. On 16.02.2026, the petitioner again filed an application seeking extension of time to deposit the aforesaid fine amount, which was dismissed by the trial court on the same day.

3. Counsel for the petitioner submits that the petitioner is poor person, therefore, he could not deposit the aforesaid amount of Rs.2,00,000/- before the trial court within the stipulated period as directed by Appellate Court in its order dated 02.12.2025 while suspending his execution of sentence. Now the petitioner is ready to deposit same, therefore, it is prayed that some time may be given.

4. In view of submission made and for reasons stated in the application, the Cr. Misc. Application is allowed. The petitioner is granted seven days’ time from today to deposit the fine amount of dated 02.12.2025 passed by the Appellate Court while suspending the execution of sentence of the petitioner. Any warrant issued against the petitioner shall be kept in abeyance during this period. 5. It is made clear that if the petitioner fails to deposit the aforesaid fine amount within the stipulated period, this order shall lose its efficacy.

(ANIL KUMAR UPMAN),J MADAN/149