MURLI JETHALIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Grievance of the petitioner herein is against the order dtd. 16/9/2025 passed by the learned Additional Sessions Judge, No.1, Bhilwara, in Criminal Appeal No.275/2025, against his conviction under Sec. 138 Negotiable Instruments Act, 1881, whereby the application filed by the petitioner by imposing the condition upon the petitioner to deposit 20% of the fine amount within 60 days for suspending of sentence.

(2.) The impugned order dtd. 16/9/2025 of learned Sessions Court is primarily premised on the reasoning that as per Sec. 148 Negotiable Instruments Act, suspension of sentence can be allowed if a minimum of at least 20% of the fine amount is paid to the complainant.

(3.) A perusal of the orders assailed herein reveals that the learned Sessions Court fell in grave error in directing interim payment of the 20% of fine amount under the impression that the provision contained under Sec. 148 of N.I. Act is absolute in nature and without compliance thereof, the application of the petitioner seeking suspension of his sentence could not have been allowed. In this regard, reference may be had to Apex Court judgment rendered in Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd. and Ors. : (2023) 10 SCC 446. The relevant thereof of is reproduced here in below :-