Court No. - 72
Case :- APPLICATION U/S 482 No. - 32458 of 2019 Applicant :- Shiv Prasad Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Kamlesh Kumar Singh, learned counsel for the applicant and learned AGA for the State.
Present application under Section 482 Cr.P.C. has been filed for direction to the court below to release the amount of Rs. 3,04,000/-, which has been deposited by the accused-opposite party no.2 pursuant to the order of this Court dated 23.5.2019 passed in Criminal Revision No. 2058 of 2019 (Jitendra Kumar Dhankani Vs. State of U.P. and others).
Contention of learned counsel for the applicant is that vide order dated 16.3.2018, the accused was convicted for six months rigorous imprisonment and compensation to the extent of Rs. 15,20,000/-. Against that order, an appeal was filed, which too was dismissed on 27.04.2019. Both the orders were challenged by the accused-opposite party no.2 before this Court in Criminal Revision No. 2058 of 2019, in which the accused was granted bail vide order dated 23.5.2019 on the condition that revisionist shall pay 20% of the total amount in question, which shall be subject to the outcome of the revision. The said 20% of the amount of compensation was directed by this Court to deposit in the court below pursuant to provision of Section 148 of Negotiable Instrument Act.
Learned counsel for the applicant further submits that in this regard, an application was filed on 12.6.2019, which remain pending till date.
Under these circumstances, the Magistrate concerned is directed to decide the application filed by the applicant for release of money in his favour in accordance with law considering the provision of Section 148 of Negotiable Instrument Act, as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order.
With the aforesaid direction/observation, application stands disposed of.
Order Date :- 26.8.2019 Noman