Court No. - 49
Case :- CRIMINAL REVISION DEFECTIVE No. - 145 of 2018 Revisionist :- Tarzan Chauhan Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Shashi Ranjan Srivastava,Virendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Delay in filing the criminal revision has sufficiently been explained. Delay is condoned. Delay condonation application No. 1A/1 of 2018 is allowed.
The present revision has been filed by the applicant against the recovery warrant issued under Section 125 Cr.P.C. for amount of Rs. 2,36,000/-.
The facts giving rise to the present revision are that the application for interim maintenance allowance had been filed by the opposite party no.2 on 16.5.2015. It was allowed by order dated 26.7.2016, by which the monthly maintenance allowance @ of Rs. 5,000/- per month was ordered in favour of the opposite party no.2 and further @ Rs. 3,000/- per month was ordered by monthly allowance towards her son, from the date of application being 16.5.2015.
It has been stated that the applicant had initially filed an application under Section 126(2) Cr.P.C., which was allowed by order dated 19.9.2017, subject to payment of cost of Rs. 35,000/-. Since the applicant did not comply with the order for payment of cost, the exparte order dated 26.7.2016, had attained finality. Consequently, recovery warrant was issued on 18.1.2017 for a sum of Rs. 2,36,000/- has been issued against the applicant.
The present revision has been filed to quash the recovery warrant.
In view of the fact stated above, there is no ground for interference in the present revision against the recovery warrant. However, learned counsel for the applicant submits that the applicant may be allowed some time to deposit the entire defaulted amount of maintenance (up to date) that would come to about Rs. 2,72,000/-.
Accordingly, the instant application is disposed of with the following directions:
1. Subject to the applicant furnishing adequate security (for the entire amount) to the satisfaction of the court below in the shape of other than cash or bank guarantee, by 31.03.2018, further coercive measures adopted against the applicant shall remain stayed, subject to other conditions provided herein.
2. The applicant shall continue to deposit the monthly maintenance allowance Rs. 8,000/- per month as directed by the order dated 26.7.2016 from the period March, 2018 onwards as and when it becomes due.
3. Subject to the applicant having complied with the above, the amount of Rs. 2,72,000/- (approx.), as arrears of maintenance allowance for the period from the date of order shall be deposited in three instalments, first Rs. 1,00,000/- being payable on or before 31.03.2018, second Rs. 1,00,000/- being payable on or before 30.6.2018 and the balance amount shall be deposited on or before 31.08.2018.
The amount so deposited by the applicant shall be released to the opposite party no. 2, forthwith.
However, it is made clear that in the event of failure on part of the applicant to comply with any part of the order, coercive measures be revived from that stage without any further reference to this Court and recoveries be made first from the security, if any, offered by the applicant in compliance of this order.
Disposed of.
Order Date :- 28.2.2018 Mini