Court No. - 55
Case :- MATTERS UNDER ARTICLE 227 No. - 8737 of 2018 Petitioner :- Sarfaraj Ahmad Respondent :- State Of U.P. And Another Counsel for Petitioner :- Manoj Kumar Pandey Counsel for Respondent :- G.A.,Diwan Saifullah Khan
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
Learned counsel for the petitioner has made a limited prayer to extend the time to deposit the penalty of 40% of the awarded amount, as directed by learned First Additional Sessions Judge, Varanasi vide order dated 30.10.2018, passed in Criminal Appeal No. 178 of 2018 (Sarfaraj Ahmad Vs. State of U.P. & others), under Section 138 N.I. Act, P.S. Cantt., District Varanasi. Learned counsel appearing on behalf of petitioner informed the Court that the time has been extended for depositing the said amount vide order dated 30.10.2018. Learned counsel for the petitioner without pressing the petition on merit sought some more time to deposit the said penalty amount.
In view of the above, the order dated 30.10.2018, passed by First Additional Sessions Judge, Varanasi in Criminal Appeal No. 178 of 2018 (Sarfaraj Ahmad Vs. State of U.P. & others), under section 138 N.I. Act, P.S. Cantt., District Varanasi is modified to the extent that the penalty of 40% of the awarded amount shall be deposited by the petitioner on or before 30th January 2019.
The petition is accordingly disposed of. Order Date :- 29.11.2018 NS