C528/1369/2025
2025 Latest Caselaw 1870 UK

Uttarakhand High Court

C528/1369/2025 on 11 August, 2025

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                              C528 No.1369 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Faizan Ali, learned counsel holding brief of Mr. Mohd. Safdar, learned counsel for the Applicant.

2. Mr. Akshay Latwal, learned AGA, for the State/1.

3. The present criminal miscellaneous application filed under C528 of BNSS, is with a prayer that the order dated 21.07.2025 passed by the learned 1st Additional Session Judge, Roorkee, District Haridwar in Criminal Appeal No.83 of 2025, "Aslam Parvez Sabri Vs. State and another", arising out of the judgment and order dated 21.06.2025 passed by the learned Judicial Magistrate, 2nd Roorkee, District Haridwar in Complaint Case No.97 of 2023, "Pradyuman Kumar Jain Vs. Aslam Parvez Sabri", under Section 138 of Negotiable Instrument Act, be quashed to the extent that the imposition of a particular condition for deposition of 50% of the fine amount, be quashed.

4. Learned counsel appearing for the Applicant makes a submission that the Applicant is ready for a deposition of at least 20% of the fine amount, whereas, 50% of the amount would be a grave burden upon him.

5. The applicant has also made a prayer for interim relief praying that during the pendency of the present application, the proceedings may be stayed.

6. Admit.

7. Issue notice to the Respondent No.2. Steps to be taken within a week. Counter affidavit to be filed within a period of three weeks.

8. Till the next date of listing, the order dated 21.07.2025 passed by the learned 1st Additional Session Judge, Roorkee, District Haridwar in Criminal Appeal No.83 of 2025, "Aslam Parvez Sabri Vs. State and another", shall remain stayed.

9. List this matter on 06th October, 2025.

(Ashish Naithani, J.) 11.08.2025 Nitesh/