- (1.) Heard learned counsel for the applicant, learned AGA for the State and perused the material on record. No notice is issued to the opposite party no. 2 in view of the order proposed to be passed today. However, liberty is reserved of opposite party to apply for variation of modification of this order, if he feels so aggrieved.
(2.) The applicant, Rakesh Kumar Gupta, through the present application under section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to set aside the impugned judgement and order dated 25.7.2016, passed by the Session Judge, Azamgarh in Criminal Appeal No. 45 of 2016 under section 138 Negotiable Instrument Act, 1881 passed at the stage of admission of the appeal so far as it relates to the depositing of half of the amount of fine so imposed by the Trial Court in Case No. 59 of 2015 (Feku Ram Gupta vs. Rakesh Kumar Gupta) under 138 of N.I. Act.
(3.) It is submitted by learned counsel for the applicant that the Trial Court without considering the real facts and circumstances of the case under section 138 of N.I. Act and without perusing the evidence available on record, has convicted the appellant vide order dated 08.07.2016, passed under section 138 of N.I. Act. Thereafter the applicant filed a criminal appeal on 25.7.2016 bearing Criminal Appeal No. 45 of 2016 (Rakesh Vs. State) for challenging the Trial Court judgement and conviction order dated 08.07.2016. The learned appellate court, while admitting the above criminal appeal and passing the interim order dated 25.7.2016, has directed for depositing half of the amount of fine within one month. It is further submitted that impugned order is illegal and contrary to the section 357(2) Cr.P.C., therefore, applicant has filed the present application. The lower appellate court has erred in law and acted wholly without jurisdiction in passing the order dated 25.7.2016.;