BASWARAJ JAYANNA Vs. SRIMANTHRAO PATIL

JUDGEMENT

(1.) The present petitioner was the complainant in C.C.No.770/2016, which is pending before the learned Prl. Civil Judge and JMFC at Humnabad for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as Rs. NI Act '). The accused therein was the present respondent herein. The said case was ended in conviction for the offence punishable under Section 138 of NI Act where under the respondent/accused was imposed with fine of Rs. 7.50 lakhs in which Rs. 7.40 lakhs was directed to be paid as compensation to the complainant (petitioner herein) and remaining amount of Rs. 10,000/- was ordered to be payable to the State. In default of payment of fine amount, the accused was sentenced for six months simple imprisonment. Being aggrieved by the said judgment of conviction and order on sentence, the accused/respondent preferred an appeal before the learned II Additional District and Sessions Judge, Bidar sitting at Humnabad (hereinafter for brevity referred to as Rs. first appellate Court') in Criminal Appeal No.6/2019. It appears that the said Court by allowing the application under Section 389(1) of the Code Criminal Procedure filed by the appellant before it, by its order dated 19.01.2019, stayed the impugned sentence of imprisonment.

(2.) The complainant aggrieved by the said interim order, filed an application before the lower appellate Court under Sections 143(A) and 148(1) of NI Act requesting the Court to direct the appellant before it (accused) to deposit not less than an amount of 20% out of the fine amount in the appeal. The lower appellate Court dismissed the said application by its order dated 04.01.2020. Challenging the said order, the complainant has preferred this petition. His prayer is to set aside the impugned order of the lower appellate Court and to allow his application.

(3.) The matter has come up for admission and notice is not yet ordered to the respondent.