UDAI RAM MALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant petition has been filed for waiver of pre-deposit amount as statutory required under Sec. 148 of the NI Act. Learned counsel for the petitioner has submitted that the matter pertains to the year 2019 and that the amount to the tune of approximately Rs.6.34 lacs is involved.

(2.) Upon perusal of the material available on record, it has been observed that the learned Trial Court vide its order dtd. 9/9/2025 has awarded a sum of Rs.7.00 lacs. As per Sec. 148 of the NI Act, 20% of the awarded amount needs to be deposited as a mandatory requirement. It has been analyzed that the waiver application filed by the petitioner which has been annexed with the present petition appears to be vague and cryptic and that the same has not been corroborated/supported by any documentary evidence.

(3.) In order to make out the case of waiving of the mandatory pre-deposit requirement of 20% amount, learned counsel for the petitioner has relied upon the judgment encapsulated in the case of Jamboo Bhandari vs. M.P. State Industrial Development Corporation Ltd. and Ors. reported in (2023) 10 SCC 446, wherein it was held by the Honble Supreme Court that the inherent power could be exercised by the Court under Sec. 482 of Cr.P.C. to waive out the said requirement. Howsoever, learned counsel for the petitioner has not stated that whether the petitioner belongs to Below Poverty Line (BPL) category or the petitioner does not have Permanent Account Number (PAN) as required under the Income Tax Act. As per Sec. 139(9), if a person is having income below taxable limit, the person shall not have a valid PAN associated with his name.