Court No. - 72
Case :- APPLICATION U/S 482 No. - 35660 of 2019 Applicant :- Raj Kumar Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Kumar Kushwaha,Rabindra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Vijay Kumar Kushwaha, learned counsel for the applicant and learned AGA for the State.
The present application u/s 482 Cr. P.C. has been filed for quashing the order dated 26.8.2019 passed by Sessions Judge, Jhansi in Criminal Appeal No. 59 of 2019, whereby staying the impugned order in the appeal, the applicant was directed to deposit 20% of fine imposed by the trial court.
It reflects from the record that vide order dated 2.8.2019 passed by Presiding Officer, the applicant was convicted and sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs. 4,00,000/- (four lacs) under Section 138 of N.I. Act. Against that order, Criminal Appeal No. 59 of 2019 was filed, in which the appellate court has enlarged the applicant on bail and staying the operation of the impugned order in appeal subject to the depositing of 20% fine imposed by the trial court.
Learned counsel for the applicants submits that amount was directed to deposit 20% of fine imposed by the trial court while staying the effect and operation of the impugned in appeal is too excessive.
I have considered the arguments so raised by the counsel for applicant and perused the record.
Section 148 of N.I. Act inserted of Act No. 20 of 2018 w.e.f. 1.9.2019 provides that in an appeal by the drawer against the conviction under Section 138, the appellate court may order the appellant to deposit such sum which shall be a minimum of twenty percent of fine or compensation awarded by the trial court.
Here, in the present case, the appellate court has directed to the applicant depositing 20% of fine imposed by the trial court as per the mandate of Section 148 (1) of N.I. Act.
I do not find any illegality or infinity in order impugned. The applicant lacks merit and is accordingly dismissed.
Order Date :- 25.9.2019/Akbar