Krishna Mohan Dubey vs State Of U.P. Thru.Prin.Secy. ...
2023 Latest Caselaw 7093 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 
Case :- APPLICATION U/S 482 No. - 2252 of 2023
 
Applicant :- Krishna Mohan Dubey
 
Opposite Party :- State Of U.P. Thru.Prin.Secy. Home And Another
 
Counsel for Applicant :- Pankaj Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Alok Mathur,J.

Heard Shri Pankaj Kumar Srivastava, learned counsel for the applicant as well as learned A.G.A.

For the order proposed to be passed issuance of notice to respondent no.2 is dispensed with.

It has been submitted by the learned counsel for the applicant that respondent no.2 had filed a complaint no.869/2019 before learned Judicial Magistrate - II, Gonda on 06.7.2019 with regard to allegation that the cheque issued by the applicant for amount of Rs.3,20000/- was dishonoured.

The trial court proceeded in the said matter and the trial court by means of judgment and order dated 12.12.2022 found the appellant to be guilty of offence under Section ? 138 of Negotiable Instruments Act and he was convicted by the said Court and a fine of Rs.500000/- was also imposed on the applicant.

It is stated that against the order dated 12.12.2022 the applicant has preferred criminal appeal which is pending consideration. In the criminal appeal while admitting the said appeal the learned appellate court by means of order dated 09.01.2023 granted bail to the appellant till disposal of the appeal on his furnishing personal bond to the tune of Rs.20,000/- and two sureties of like amount each to the satisfaction of the Court and the appellant was directed to deposit 25% of the amount of fine as directed vide order dated 12.12.2022 within 30 days.

Against the order dated 09.01.2023 the present application under Section 482 CrPC has been filed.

Learned counsel for the applicant submits that he does not have the financial condition for depositing the amount as directed by the appellate court.

No other ground was urged by the learned counsel for the appellant while assailing the said order dated 09.01.2023.

This Court has considered the arguments of the learned counsel for the applicant.

It is noticed that offence under Section 138 of Negotiable Instruments Act was registered against the applicant. The same was decided by means of order dated 12.12.2022 against which an appeal was preferred by the applicant. The appeal has been admitted and while granting bail to the applicant the applicant has been directed to deposit 25% of the amount of fine as imposed vide order dated 12.12.2022 within 30 days which amounts to Rs.1,25,000/-. There is no infirmity or illegality in the said order considering the fact that the petitioner had issued cheques for an amount of Rs.3,20,000/-.

In light of the above, no ground for interference has been made out. In the interest of justice, it is provided that in case the applicant deposits 25% of the total amount of fine within a period of two months from today the applicant will be entitled to the benefit of the order dated 09.01.2023 passed by the learned Sessions Judge, Gonda.

With the aforesaid, the writ petition is disposed of.

Order Date :- 3.3.2023

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