Yunus Khan S/O Shri Hussain Khan vs Lokesh Saraswat
2022 Latest Caselaw 4838 Raj/2

Citation : 2022 Latest Caselaw 4838 Raj/2
Judgement Date : 14 July, 2022

Rajasthan High Court

Yunus Khan S/O Shri Hussain Khan vs Lokesh Saraswat on 14 July, 2022

Bench: Birendra Kumar

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous (Petition) No. 5973/2022

Yunus Khan S/o Shri Hussain Khan, Resident Of Iqbal Hotel, 382,
Phool Gali, Moti Katla, Dargah, Ajmer.
                                                                    ----Petitioner
                                     Versus
Lokesh Saraswat, Authorized Legal Representative R.u.b.i Credit
Cooperative Society Ltd. Kesariya Complex, In Front Of Khailand
Market, Prathviraj Marg, Ajmer.
                                                                  ----Respondent

For Petitioner(s) : Mr. SS Hasan, Sr. Adv. with Mr. Fahad Hasan For Respondent(s) : Mr. Imran Khan, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

14/07/2022

Heard the parties.

The petitioner was convicted for offence under Section 138 of

the Negotiable Instruments Act, 1881 vide judgment dated

29.04.2022. Learned trial court awarded one year's simple

imprisonment and directed the petitioner to pay rupees twenty

lakh to the complainant in exercise of power under Section 357(3)

Cr.P.C.

The petitioner preferred the criminal appeal bearing CIS

No.167/2022 before the Sessions Judge. By the impugned order

dated 30.05.2022, learned Additional Sessions Judge No.5, Ajmer

directed the petitioner to deposit Twenty per cent of rupees

Twenty lakh, which would be Four Lakh before the trial court judge

along with other conditions.

(2 of 3) [CRLMP-5973/2022]

Submission is that the direction to deposit twenty per cent is

excessive one. The judgment is already under challenge.

Section 148 of the NI Act takes care of both the parties to

the litigation, which is being reproduced below:-

"...........................Section 148. Power of Appellate Court to order payment pending appeal against conviction [(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974) 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 per cent. 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 143A.

(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.

(3) The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal:

Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, 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 complainant.]"

(3 of 3) [CRLMP-5973/2022]

Considering the provisions aforesaid, I do not find any

infirmity with the impugned order. Hence, the petition stands

dismissed as devoid of merit.