Heard Mr. Bal Keshwar Srivastava, learned counsel for the applicant, learned A.G.A., Mr. Ram Raj, Advocate on behalf of the opposite party No.2 and perused the record.
2. The present petition has been filed for quashing the impugned order dated 10.05.2019 passed by the learned District & Sessions Judge, Lucknow in Criminal Appeal No. 148 of 2019 and to issue a direction thereby remanding back the case to the trial court to be heard a fresh.
3. Learned counsel for the applicant submitted that on the basis of concocted facts, the complaint case was filed by the opposite party No.2, which was registered as Complaint Case No. 6650 of 2012 (Ashok Singh vs. Ravindra Pratap Singh), under Section 138 of N.I. Act, P.S. Madiyaon, District Lucknow before the Presiding Officer, Additional Court No.5, Lucknow and he further submitted that without considering the case of the applicant, the learned trial court allowed the complaint by passing the conviction order sentencing one year of S.I. and Rs.35,00,000/- as a fine and further directed that Rs.30,00,000/- out of the fine be given to the complainant as a compensation and in case, the aforesaid fine is not deposited, additional three months of S.I.
4. Learned counsel for the applicant further submitted that he filed the appeal under Section 374 Cr.P.C. before the appellate court and his appeal was admitted and he was allowed on bail with the condition that the appellant will file personal bond of Rs.20,000/- and two sureties of equal amount and Rs.25,00,000/- out of the fine amount be deposited within one month in the appellate court and rest of the fine be stayed during the pendency of the appeal.
5. Learned counsel for the applicant further submitted that there is every possibility for success in the appeal, in such circumstances, this rider is not permissible in the eyes of law and he further submitted that the provisions of Section 148 was inserted in N.I. Act, 1881 (No.20 of 2018) with effect from 01.09.2018 which empowers the appellate court to order for payment of interim compensation during pendency of appeal and he further submitted that this provision is applicable prospectively, as the complaint was filed in the year 2010, therefore, the prevalent provisions would be attracted in the case of applicant.
6. Learned counsel for the applicant further submitted that as per the provisions of Article 20(1) of the Constitution of India that the amended provisions of Section 148 of N.I. Act would not be applicable retrospectively and he further submitted that order of the court below of depositing Rs.25,00,000/- is arbitrary. He further submitted that his appeal is admitted then it is to be decided on merit as early as possible.
7. Learned A.G.A. as well as counsel for the opposite party No.2 opposes the prayer of the applicant and submitted that there is no illegality in the order passed by the learned court below and further submitted that the applicant was convicted by the trial court, as his appeal was admitted and there is no illegality in the order passed for depositing Rs.25,00,000/- within one month and rest of the amount was stayed.
8. After arguing at length, the learned counsel for the applicant as well as opposite party No.2 submitted that the appeal may be decided expeditiously, within one month.
9. Considering the joint request of the counsel for parties and their arguments of the learned counsel for the applicant, the order passed on 10.05.2019 passed by the District & Sessions Judge, Lucknow in Criminal Appeal No.148 of 2019 (Ravindra Pratap Singh vs. Ashok Singh) is modified to the extent that the applicant need not to deposit Rs.25,00,000/- out of the fine amount and the fine amount imposed by the trial court vide judgment and order dated 12.04.2019 in complaint case No. 6650 of 2012 (Ashok Singh vs. Ravindra Pratap Singh) shall be kept in abeyance till the decision of the appeal.
The District & Sessions Judge, Lucknow is directed to decide the aforesaid appeal within one month from the date of production of certified copy of this order, without granting any unnecessary adjournment to any party and if adjournment is inevitable that may be subject to heavy cost and for short dates.