Court No. - 71
Case :- APPLICATION U/S 482 No. - 47488 of 2019 Applicant :- Shantanu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kishore,Piyush Kishore Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 11.11.2019 passed by Sessions Judge, Meerut in Criminal Appeal No.151 of 2019 (Shantanu Vs State of U.P. & Another) arising out of conviction order dated 23.07.2019 passed by Additional Chief Judicial Magistrate, Court No.5, Meerut in Complaint Case No.4501001 of 2015 (Harpal Vs Shantanu), under Sections- 138 Negotiable Instrument Act, Police Station- Civil Line, District- Meerut.
3. Learned counsel for the applicant submits that the order dated 11.11.2019 is excessive insofar as it provides for deposit of 50% of the fine, pending the appeal.
4. The learned court below had power to reduce the deposit of fine up to 20%. At present, no justifiable reason may be shown to reach the conclusion even on prima facie basis that a requirement of 50% deposit is excessive or arbitrary.
5. However, the applicant shall have one month further time to comply with the order dated 11.11.2019.
6. With the above observations, the present application is disposed of.
Order Date :- 20.12.2019 S.Chaurasia