Saddam vs State Of U.P. And Another
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Allahabad High Court

Saddam vs State Of U.P. And Another on 3 January, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:1138
 
Court No. - 88
 

 
Case :- APPLICATION U/S 482 No. - 45464 of 2023
 

 
Applicant :- Saddam
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Kuldeep Kumar,Jitendra Verma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Heard Sri Kuldeep Kumar, learned counsel for the applicant and Shri Rajesh Kumar Singh, learned A.G.A. for the State and perused material on record.

The present application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to modify the order dated 23.11.2023 passed by Sessions Judge, Gautam Buddh Nagar only to the extent whereby learned Sessions Judge directed the applicant to deposit 20% of total fine of Rs. 8,00,000/- to the complainant within 60 days, in Criminal Appeal No. 151 of 2023, (Saddam Vs. Mohaammad Mustkeem) arising out of Complaint Case No. 5159 of 2022, under Sections 138 of Negotiable Instrument Act, registered at Police Station- Sector-58, Noida, District- Gautam Buddh Nagar.

Brief facts of the case are that a Criminal Appeal No. 151 of 2023, (Saddam Vs. Mohaammad Mustkeem) has been filed against the judgment and order dated 9.11.2023 passed by the Presiding Officer, Additional Court No. 1, Gautam Buddh Nagar, whereby the applicant was convicted under Section 138 of Negotiable Instrument Act and awarded simple imprisonment for six months with a fine of Rs.10,00,000/- and in default of payment of fine, six months additional imprisonment. Out of Rs. 10,00,000/-, Rs. 8,00,000/- will be payable as compensation to opposite party No. 2.

Being aggrieved by the judgment and order dated 9.11.2023, the applicant preferred an appeal before Sessions Judge, Gautam Buddh Nagar and the Sessions Judge has directed the applicant to deposit 20% of total fine of Rs. 8,00,000/- within 60 days as imposed by the trial court for staying the effect and operation of the impugned judgment.

It has been submitted by the learned counsel for the applicant that the impugned order has been passed as per provisions of Section 143A(2) of Negotiable Instruments Act wherein it has been provided that the interim compensation under sub-section (1) shall not exceed 20 percent of the amount of the cheque.

Learned counsel for the applicant has placed reliance upon judgments of Apex Court in Stanny Felix Pinto Vs. Jagid Builders Pvt. Ltd. and another, (2001) 2 SCC 416 and Dilip S. Dhanukar Vs. Kotak Mahindra Company Limited and another, (2007) 6 SCC 528 and other two cases decided by Coordinate Bench of this Court in Application U/S 482 No. 14999 of 2018 (Yatendra Bhardwaj Vs. State of U.P. and Another) decided on 25.05.2018 and Application U/S 482 No. 16445 of 2020 (Brijnandan Sharma Vs. State of U.P. and Another) decided on 10.11.2020.

In view of the above, the present application is finally disposed of and the order dated 23.11.2023 is modified to the extent that the applicant shall deposit 15% of the amount of fine of Rs. 8,00,000/- within the time stipulated by the appellate court.

Order Date :- 3.1.2024

T. Sinha