- (1.) Learned counsel for the applicant and learned A.G.A. agree that this application may be finally disposed of without issuing notice to opposite party no.2 in view of the order proposed to be passed today.
(2.) Heard Mr. Swapnil Kumar, learned counsel for the applicant and Mr. P.K. Shahi, learned counsel for the State.
(3.) This application 482 Cr.P.C . has been filed to quash the judgment and order dated 03.01.2020 passed by the In-charge Sessions Judge, Allahabad in Criminal Appeal No. 6 of 2020 (Vishal Kumar Vs. State of U.P. and another), Police Station-Kotwali, District-Allahabad, which has been filed against the judgment and order dated 30.11.2019 passed by Additional Court (N.I. Act), Court No.1, under Section 138 N.I. Act. Under the impugned judgment, the appellate court has directed the revisionist to pay half of the total amount of compensation or fine as awarded by the trial court within one month during the pendency of the appeal. Facts in short relevant for deciding the present application are as follows:- For payment of money of Rs. 6 lacs, which is alleged to have been taken by the applicant from the opposite party no.2 earlier, the applicant has issued a cheque of Rs. 5,80,000/- bearing no. 0585108 dated 30.11.2006 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 amount. Thereafter, opposite party no.2 sent a notice to the applicant on19.12.2006, which has duly been served upon him. Thereafter, the opposite party no.2 filed a complaint under Section 138 of the Negotiable Instrument (hereinafter referred to as the " N.I. Act ") against the applicant in the concerned court below, which has been registered as Complaint Case No. 772 of 2007 (Praveen Kumar Gupta Vs. Vishal Kesarwani), Police Station- Kotwali, District-Allahabad. Thereafter, the applicant has been summoned in the aforesaid complaint case. He also filed his objection. After conclusion of trial, the Additional Court (N.I. Act), vide judgment and order dated 30.11.2019 convicted the applicant under Section 138 N.I. Act for one and half year simple imprisonment and awarded fine of Rs. 11,60,000/-. The Additional Court (N.I. Act) has also clarified that out of total amount of fine/compensation of Rs. 11,60,000/-, Rs. 11,50,000/- 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 30.11.2019, the applicant preferred Criminal Appeal No. 6 of 2020 before the In-charge Sessions Judge, Allahabad. Along with the criminal appeal, the applicant has also filed an application being Paper No. 5-Kha 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 being Paper No. 6-Kha for releasing the applicant on bail during the pendency of the appeal. The appellate court vide order dated 03.01.2020 has partly allowed the Paper No.5-Kha suspending the effect and operation of the judgment and order of the trial court dated 30.11.2019 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 allowed Paper No.6-Kha releasing 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. ;