Pyare Lal vs State Of U.P. And Another
2023 Latest Caselaw 25849 ALL

Citation : 2023 Latest Caselaw 25849 ALL
Judgement Date : 21 September, 2023

Allahabad High Court

Pyare Lal vs State Of U.P. And Another on 21 September, 2023

Bench: Deepak Verma





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:184095
 
Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 32639 of 2023
 

 
Applicant :- Pyare Lal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Awadhesh Prasad
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,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 with the prayer to direct the court concerned to accept 10% to 15% amount of fine of Rs. 3,50,000/- as awarded from the applicant under the provisions of Negotiable Instruments Act as per the judgment delivered by Apex Court in Damodar S. Prabhu Vs. Sayyad Babulal (2010) 5 SCC 663.

3. Brief facts of the case are that applicant was convicted by order dated 09.05.2023 in the proceedings under Section 138 of N. I. Act and was awarded penalty of Rs. 3,50,000/-. The applicant challenged the aforesaid conviction order by filing an appeal bearing Criminal Appeal No. 59 of 2023 and the applicant was enlarged on bail vide order dated 08.06.2023 passed by learned Sessions Judge, Jhansi and the appellate court directed that on depositing of deposit 20% of the penalty imposed by the trial court upon the applicant the proceedings against the applicant shall remain stayed.

4. By means of the present 482 application the applicant is challenging the order dated 08.06.2023.

5. Learned counsel for the applicant submitted that applicant has been directed to deposit 20% of the penalty imposed upon him, which is too excessive. The applicant is not in a position to deposit the same.

6. Per contra, the learned A.G.A. for the State submits that as per Section 148 of N. I. Act, the appellate court may ordered the appellant to deposit penalty amount which shall be not less than 20% of the compensation as awarded by the trial court, thus, minimum amount has been directed to be deposit.

7. I have considered the arguments made by the learned counsel for the rival parties.

8. The order passed by the appellate court is just, proper and in consonance with the provisions of Section 148 of N. I. Act.

9. No interference is warranted.

10. The present 482 application is dismissed.

Order Date :- 21.9.2023

Mustaqeem.