Rattan Pal vs Ravinder Singh
2019 Latest Caselaw 454 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                         Date of Order: January 23, 2019

+     CRL.REV.P. 92/2019 & CRL.M.As. 1551-52/2019 & CRL.M.B.
      137/2019
      RATTAN PAL                                         .....Petitioner
                          Through:      Mr. Aditya Wadhwa and
                                        Mr. Shreeyash Uday Lalit,
                                        Advocates
                          versus

      RAVINDER SINGH                                       .....Respondent
                   Through:             Nemo

      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR
                   ORDER

(ORAL)

In proceedings under Section 138 of the Negotiable Instruments Act, 1881, appellate court vide impugned order of 3rd January, 2019 has issued notice to respondent and has admitted petitioner on bail, subject to petitioner depositing 50% of the cheque amount.

Notice of this petition to opposite side is dispensed with as when the impugned order was passed, respondent was not served.

Learned counsel for petitioner submits that petitioner is poor person and has no means to deposit 50% of the cheque amount and that petitioner has a good case on merits.

In the facts and circumstances of this case, the pre-requisite to deposit 50% of the cheque amount is waived with direction to trial court

to grant bail to petitioner subject to submission of the bail bond, as already ordered in the impugned order. This petition and the applications are disposed of while modifying the impugned order in the aforesaid terms. Dasti.

(SUNIL GAUR) JUDGE JANUARY 23, 2019 v