Dr. Narendra Kumar Sharma vs Sushanta Chatterjee
2024 Latest Caselaw 4398 MP

Madhya Pradesh High Court

Dr. Narendra Kumar Sharma vs Sushanta Chatterjee on 15 February, 2024

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                          1
                                 IN    THE         HIGH COURT OF MADHYA
                                                       PRADESH
                                                     AT JABALPUR
                                                  BEFORE
                               HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                           ON THE 15 th OF FEBRUARY, 2024
                                       MISC. CRIMINAL CASE No. 4316 of 2024

                           BETWEEN:-
                           DR. NARENDRA KUMAR SHARMA S/O LATE SHRI
                           SHIV KUMAR SHARMA, AGED ABOUT 73 YEARS,
                           OCCUPATION: PRIVATE ADDRESS B- 136 N.H. 05
                           N.I.T. FARIDABAD (HARYANA)

                                                                                      .....APPLICANT
                           (BY SHRI SARTHAK NEMA - ADVOCATE)

                           AND
                           SUSHANTA CHATTERJEE S/O LATE DR. S.R.
                           CHATTERJEE AGED ABOUT ADULT, ADDRESS
                           HOUSE NO.34 EDEN GARDEN CHUNA BHATTI
                           KOLAR ROAD BHOPAL (MADHYA PRADESH)

                                                                                  .....RESPONDENT


                                 T h is application coming on for admission this day, t h e court
                           passed the following:
                                                           ORDER

This application under section 482 of CrPC has been filed against the order dated 07.12.2023 passed by Additional Sessions Judge, Bhopal in Criminal Appeal No.465/2023, by which the applicant has been granted bail subject to condition of deposit of 20% of the compensation amount awarded under section 138 of Negotiable Instruments Act.

2. It is submitted by counsel for applicant that the appellate court

has not assigned any reason for imposing such condition of pre-deposit. It is further submitted that the condition of pre-deposit is not mandatory and it is directory.

3. Considered the submissions made by counsel for applicant.

4. Once the applicant is convicted, then there is a presumption of guilt against him and therefore, he is required to make out an exceptional case for the purpose of waiver of condition of deposit of a part of the compensation amount.

5. Accordingly the counsel for applicant was requested to point out the reasons assigned by the applicant in his application under section 389 of CrPC.

6 . It is submitted that although he has not filed the copy of application but has a copy of the same. It is submitted that cheque amount i s Rs.1,20,02,000/-. The applicant, who is a Doctor, is suffering from various diseases but fairly conceded that there is no averment in the application that he is financially incapable to deposit the amount. Further, it is admitted that petitioner has a Nursing Home in Faridabad.

7 . Considering the totality of the facts and circumstances of the c as e specifically when the imposition of condition of part deposit of compensation is permissible in the light of judgment passed by the Supreme Court in the cases of Surinder Singh Deswal alias Colonel S.S.Deswal and others Vs. Virender Gandhi, reported in (2019) 11 SCC 341 and Surinder Singh Deswal alias Colonel S.S.Deswal and others Vs. Virender Gandhi and another, reported in (2020) 2 SCC

514, no case is made out warranting interference.

8. The petition fails and is hereby dismissed.

(G.S. AHLUWALIA) JUDGE TG /-