- (1.) Heard Sri Rajesh Kumar, learned counsel for the applicant, Sri P.K. Shahi, learned A.G.A. for the State and perused the record.
(2.) This application 482 Cr.P.C . has been filed to quash the impugned order dated 18.12.2019 passed by Session Judge, Allahabad in Criminal Appeal No.181 of 2019 (Surya Bhan Maurya Vs. State of U.P. and others) or impose the condition that the accused to deposit 50% amount of total compensation passed by Session Judge, Allahabad in Criminal Appeal No.181 of 2019.
(3.) Facts in short relevant for deciding the present application are as follows:- For payment of money of Rs.8 lacs, which is alleged to have been taken by the applicant from the opposite party no.2-Harbhajan Pandey, the applicant has issued a cheque of Rs.8 lacs bearing no. 275033 dated 12.02.2016 in favour of opposite party no.2. On receipt of the same, opposite party no.2 has submitted the same before the concerned Bank for encashment but the same was dishonoured due to "insufficient balance". Thereafter, opposite party no.2 sent a registered notice to the applicant on 21.03.2016 which has duly been served upon him. Thereafter the opposite party no.2 filed a complaint under Section 138 of the Negotiable Instrument Act (hereinafter referred to as the " N.I. Act ") against the applicant in the Court of Additional Court, which has been registered as Complaint Case No.453 of 2016 (Harbhajan Pandey Vs. Suryabhan Maurya), Police Station- Holagarh, District Allahabad. Thereafter, the applicant has been summoned in the aforesaid complaint case. He also filed his objection. After conclusion of trial, learned Additional Court convicted the applicant for 1 1/2 years simple imprisonment and awarded fine of Rs.16 lacs vide order dated 19.11.2019. The learned Additional Court also clarified that out of total amount of fine/compensation of Rs. 15,90,000/- has been directed in favour of opposite party no.2 and remaining Rs.10,000/- has been directed in favour of the State Government. Feeling aggrieved by the judgment and order of the trial court dated 19.11.2019, the applicant preferred Criminal Appeal No.181 of 2019 before the District and Sessions, Judge, Allahabad. Along with the criminal appeal, the applicant has also filed an application for suspending the effect and operation of the impugned judgment of the trial court till the disposal of the appeal and he has also filed an application for releasing the applicant on bail during the pendency of the appeal. The appellate court vide order dated 18.12.2019 has suspended the effect and operation of the judgment and order of the trial court dated 19.11.2019 with a condition that the applicant shall deposit half of the total amount of fine/compensation as awarded by the trial court. The appellate court has also released the applicant on bail during the pendency of the appeal. It is against the condition imposed by the appellate court under the impugned judgment that the applicant shall pay half of the total amount of fine/compensation that the present application has been filed. ;