Court No. - 38
Case :- APPLICATION U/S 482 No. - 22174 of 2019 Applicant :- Sarfaraj Ahmad Opposite Party :- State Of Up And Another Counsel for Applicant :- Dileep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the orders dated 30.01.2019 and 11.03.2019 passed by learned Additional Sessions Judge, Court No. 1, Varanasi in Criminal Appeal No. 177 of 2018 (Babu Motors and others vs. State of U.P. and others) arising out of Complaint Case No. 351 of 2018, under Section 138 N.I. Act, P.S. Cantt, District Varanasi, pending in the Court of Additional Sessions Judge, Court No. 1, Varanasi.
Learned counsel for the applicant submits that under Section 138 N.I. Act, a compliant case No. 351 of 2018 has been filed against the applicant by opposite party no. 2 and the same has been decided against him by order dated 22.06.2018. Learned counsel for the applicant further submitted that against the order dated 22.06.2018, Criminal Appeal No. 177 of 2018 has been filed along with bail application before 1st Additional District Judge, Varanasi. The Additional District Judge-1st Varanasi, by order dated 30.10.2018 has granted bail to the applicant subject to condition to deposit 40% of the awarded amount within 10 days, but the applicant has not deposited the same. Thereafter, the applicant has filed application under Article 227 No. 8740 of 2018 before the High Court with a prayer to extend the time for depositing the said amount. The Court disposed of the application of the applicant and modified the order to the extent that the penalty of 40% of the awarded amount shall be deposited by the applicant on or before 30th January, 2019, but again, the applicant has not deposited the same and has also not appeared before the court. Thereafter, the Additional District Judge, Court No. 1, Varanasi, has cancelled the bail of the applicant and issued non-bailable warrant against him on 11.03.2019.
There is no dispute on the point that the applicant has failed to deposit the fine as imposed by trial court while granting bail vide order dated 30.10.2018.
Considering the facts and circumstances of the case, I fined that there is no illegality in the order of 1st Additional Sessions Judge, Varanasi dated 30.10.2018 and no interference is required.
At this stage, learned counsel for the applicant submitted that he may be granted ten days time to deposit the penalty as directed by court below vide order dated 30.10.2018 and move recall application to recall the order dated 11.03.2019 and till then impugned order dated 11.03.2019 may not be given effect.
Considering the request of learned counsel for the applicant, ten days time is granted to the applicant to deposit the penalty imposed by learned learned Additional District & Sessions Judge, Varanasi vide dated 30.10.2018 and move recall application.
In case, penalty is deposited and recall application is moved by applicant, learned 1st Additional Sessions Judge, Varanasi shall consider the same and decide strictly in accordance with law. For ten days from today, order dated 11.3.2019 shall not be given effect.
In case, penalty is not deposited within ten days from today, learned 1st Additional District Judge, Varanasi shall proceed in accordance with law against the applicant.
With the aforesaid observation, application is disposed of. Order Date :- 3.6.2019 Radhika