Shivraj Pathak vs State Of U.P. And Another
2023 Latest Caselaw 6122 ALL

Citation : 2023 Latest Caselaw 6122 ALL
Judgement Date : 24 February, 2023

Allahabad High Court

Shivraj Pathak vs State Of U.P. And Another on 24 February, 2023

Bench: Sadhna Rani (Thakur)




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- APPLICATION U/S 482 No. - 26157 of 2022
 

 
Applicant :- Shivraj Pathak
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Chandra Prakash Misra,Sushil Kumar Mishra
 
Counsel for Opposite Party :- G.A.,Ganesh Shanker Srivastava
 

 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and perused the record.

By moving this application, the prayer is made to by the learned counsel for the applicant to quash the impugned order dated 03.08.2022 passed by the Session Judge Gorakhpur, in Criminal Appeal No.89 of 2022 (Shivraj Pathak Vs. State of U.P. & another) arising out of Complaint Case No.613 of 2014 (Anuj Srivastav Vs. Shivraj Pathak), under Section 138 of Negotiable Instrument Act, Police Station Cantt, District Gorakhpur.

As per the facts of the case, complaint of opposite party no.2 under Section 138 of Negotiable Instrument Act was decided in conviction of the present applicant and amount of Rs.97.5 lakhs were ordered to be paid as fine. The appellate court though ordered the release of the applicant on bail but simultaneously, passed an order that the applicant within 60 days of his release shall deposit 20% of the said amount. Now the prayer is being made by learned counsel for the applicant that the complaint was filed in the year 2014 and then, there was no provision of any penalty. The provision of penalty was the first time introduced in the year 2018 so, he is not liable to pay any amount of penalty as ordered by the judgment dated 01.07.2022 or ordered dated 03.08.2022 of the sessions court.

It is admitted fact that cheque amount involved is of Rs. 65 lakhs. In the light conviction of the judgment dated 01.07.2022 and the order of the appellate court dated 03.08.2022, the conditional payment of the amount of Rs.5 lakhs cannot be said to be an excessive amount or an amount against the provision of law.

In my opinion, no sufficient ground exists for granting any relief.

The application of the applicant u/s 482 Cr.P.C. No.26157 of 2022 is hereby rejected.

Order Date :- 24.2.2023

Shivangi