Court No. - 55
Case :- APPLICATION U/S 482 No. - 42816 of 2018 Applicant :- Bilal Rahees Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 12.10.2018 passed in Criminal Appeal No.255 of 2018, Bilal Rahees vs. State of U.P. and another, under Section 138 N.I.Act, P.S. Kotwali, District Agra and order dated 05.10.2018 passed by Additional Sessions Judge, Agra by which the applicant was directed to deposit Rs.2,85,000/-.
Learned counsel for the applicant submitted opposite party no.2 filed complaint case no.485 of 2016, under Section 138 of N.I. Act, P.S. Kotwali, District Agra in the court of Additional Court no.2, Agra and the court below vide order dated 07.09.2018 sentenced of two years S.I. and imposed the fine of Rs.5,70,000/-. Against the order dated 07.09.2018 the applicant filed a criminal appeal no.255 of 2018 in the court of Sessions Judge, Agra along with stay application as well as bail application on 05.10.2018. The Additional Sessions Judge, Agra granted bail and stayed and directed the applicant to deposit of Rs.2,85,000/- in the court below.
He further submitted that the applicant could not manage the amount as directed by the appellate court as his economical position is very poor. He filed an application for granting three months time for depositing the requisite amount but the appellate court vide order dated 12.10.2018 only granted two weeks time for depositing the amount.
He further submitted that order dated 12.10.2018 has been passed by the court below without considering the facts of the case and without considering the economic condition of the applicant.
Learned A.G.A. vehemently opposed the submissions made by the learned counsel for the applicant and submitted that there is no illegality in the impugned order.
I have heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Appellate Court has already granted two weeks to deposit amount vide order dated 12.10.2018. There is noting on record to establish that the applicant is financially week. Learned counsel for the applicant has failed to establish that the impugned orders have been passed without applying judicious mind.
In view of the facts and circumstances of the case, I do not find any merit in the application and the instant application is accordingly dismissed.
Order Date :- 28.11.2018 Asha (Chandra Dhari Singh,J.)