Allahabad High Court
Dr. Baijnath Yadav vs State Of U.P. Thru. Prin. Secy. Home ... on 3 May, 2024
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:34513
Court No. - 15
Case :- APPLICATION U/S 482 No. - 4074 of 2024
Applicant :- Dr. Baijnath Yadav
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another
Counsel for Applicant :- Vishva Nath Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for the applicant and learned A.G.A. for respondent State as well as perused the record.
2. Through this application the applicant has prayed for quashing of the impugned order dated 22.2.2024 passed in Complaint No.1954 of 2022, Banshilal Yadav vs. Dr. Baijnath Yadav under Section 138 NI Act and impugned order dated 17.3.2024 passed by Sessions Judge Faizabad in Criminal Appeal No. 20 of 2024.
3. Learned counsel for the applicant has submitted that vide the impugned order learned appellate court while granting bail to the applicant has directed him to deposit fine of Rs.2,50,000/- within a period of thirty days from the date of order, which is contrary to the proviso of sub-section 2 of Section 148 Negotiable Instruments Act 1881. Sub-section 2 of Section 148 Negotiable Instruments Act 1881 provides that the amount under sub-section (1) shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days.
4. Perused the record.
5. The order passed by the learned court below dated 13.3.2024 is extracted below:-
"Put up today. Learned counsel of appellant is present.
This criminal appeal has been preferred against Judgment and order dated 22.02.2024 passed by learned Addl. Civil Judge (S.D.)-II/ Addl. Chief Judicial Magistrate, Ayodhya in Complaint No.1954/2022 Banshilal Yadav Vs. Dr. Baijnath Yadav, whereby learned Court below held guilty the appellant for offence U/s 138 N.I.Act and sentenced him for imprisonment of six months alongwith fine of Rs.07 Lakhs.
Heard and perused the records.
Admit. Register. Issue notices to the respondents. Appellant to take steps within a week. Summon the record of Court below.
Fix 15.04.2024 for hearing.
5B application has been moved by appellant for bail.
It has been urged that appellant/accused was on bail during the trial and has not misused the liberty.
Hence, the bail application 5B is allowed.
The appellant be enlarged on bail during pendency of appeal on furnishing a personal bond of Rs.25000/-(Twenty Five Thousand) with two sureties of like amount to satisfaction of Court concerned.
6B application has been moved by the appellant to stay the realization of fine imposed by the learned Trial Court.
Heard and perused the records.
Considering the facts and circumstances of case, in the interest of justice, out of the total imposed fine, the appellant is directed to deposit Rs.2,50,000/-(Rs. Two Lakhs Fifty Thousand) with in a period of thirty days from the date of this order. The rest amount of imposed fine shall remain stayed till disposal of the appeal.
Accordingly, the application 6B is disposed off.
It is hereby made clear that if the aforesaid amount of fine as directed by this Court, is not deposited within prescribed period, then the bail granted by this Court shall stand automatically cancelled."
6. Sub-sections 1 and 2 of Section 148 Negotiable Instruments Act 1881 are extracted below:-
S. 148 Power of Appellate Court to order payment pending appeal against conviction
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty percent of the fine or compensation awarded by the trial Court:
Provided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under section 143 A.
(2) The amount referred to in sub-section (1) shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the appellant.
7. Perusal of Sub-section (2) of Section 148 Negotiable Instruments Act 1881 shows that the amount directed by the appellate court has to be deposited within sixty days from the date of the order and the period can be extended further with a maximum period of 30 days. However, ignoring this legal provision, the appellate court has provided only thirty days' time to deposit the amount of Rs.2,50,000/- which is contrary to the statute.
8. Considering the above, the order dated 13.3.2024 passed by Sessions Judge, Faizabad in Criminal Appeal No. 20 of 2024, Dr. Baijnath Yadav vs. State is hereby quashed to the extent it directs the petitioner to deposit the fine within 30 days from the date of the order. The appellate court is directed to pass a fresh order, as per law, within a period of fifteen days from the date of production of a certified copy of this order.
9. The application is disposed of accordingly.
Order Date :- 3.5.2024
Madhu
