Court No. - 72
Case :- APPLICATION U/S 482 No. - 33088 of 2019 Applicant :- Mohammad Miraj Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.,Shanti Dhar Dwivedi
Hon'ble Rajiv Joshi,J.
Heard Shri Ajay Kumar, learned counsel for the applicant, learned A.G.A. for the State and Shri Shanti Dhar Dwivedi, learned counsel for O.P. No.2.
Present application under Section 482, Cr.P.C. has been filed challenging the order dated 13.8.2019 passed by Sessions Judge, Hapur in Criminal Appeal No.72 of 2019 arising out of Complaint Case No.9605 of 2015, under Section 138 of Negotiable Instruments Act, P.S. Hapur Dehat, District Hapur, whereby the appellate court while admitting the appeal and staying the effect and operation of the order impugned in the appeal directed the appellant to deposit 35 percent of the amount of fine.
The contention of learned counsel for the applicant is that the 35 percent of the fine, as directed by the appellate court, is too excessive.
Section 148(1) of N.I. Act mandates the appellate court to direct the appellant for the deposit of minimum of 20 percent of fine. Only 35 percent of fine has been directed by the appellate court against imposition of fine of Rs.41,00,000/-. I do not find any illegality or infirmity in the order impugned imposing the condition to deposit 35 percent of the fine.
The application lacks merit and is, accordingly, dismissed.
Order Date :- 26.9.2019 T. Sinha