// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Criminal Misc. Petition No.798/2009 With S.B. Criminal Miscellaneous Stay Application No.1179/2009 {Daljeet Singh Vs. The State of Rajasthan and Another) Date of Order :: 6th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Talat Bari, Counsel for the petitioner Shri O.P. Singhria, PP for the State By the Court: Heard learned counsel for the parties. The petitioner is facing trial under Section 138 of the Negotiable Instrument Act in the Court of Additional Chief Judicial Magistrate, Rajsamand. He remained absent before the trial court, therefore, the trial court issued standing non-bailable warrant against him vide order dated 3rd February, 2007. Being aggrieved with the same, the petitioner preferred a revision petition but the same was dismissed on the ground that it is directed against interlocutory order; in such circumstances, the present petition has been preferred. // 2 // The learned counsel for the petitioner submits that the complainant filed a criminal complaint in the trial court in respect of Cheque for a sum of Rs.50,000/-; he disclosed the reasons for his non-appearance before the revisional court but the same were not appreciated and the revision was dismissed, inter-alia, on the ground that it is directed against interlocutory order. He submits that he is prepared to deposit the full amount of Cheque in the trial court and he may be allowed to appear and participate in the proceedings pending against him in the trial court. After considering all the facts and circumstances of the case as well as submissions of learned counsel for both the parties, this criminal miscellaneous petition is disposed of with the direction that in case the petitioner appears before the trial court i.e. Additional Chief Judicial Magistrate, Rajsamand and moves an application for bail and deposits the amount of Rs.50,000/- (Rupees fifty thousand only) in the trial court on or before 20th July, 2009, then he will be released on bail subject to the satisfaction of the trial court on usual terms and condition of personal bond and sureties. The said amount // 3 // shall remain deposited in the trial court and will be subject to final decision of the criminal complaint filed against the petitioner. In case the complainant feels aggrieved with this order then it will be open for him to move an application for modification of this order. In view of this order, the stay application, filed with the main petition, also stands disposed of. (NARENDRA KUMAR JAIN), J. //Jaiman//