SAFETY ENERGY SOLUTIONS PVT. LTD. Vs. GOPI RAM

JUDGEMENT

(1.) Vide this petition, the petitioner is assailing orders dtd. 7/12/2021 and 11/5/2022 ("impugned orders" in short) passed by the Ld. ASJ - 04, (South-West District), in Criminal Appeal No. 445/2019 under Sec. 148 of the Negotiable Instruments Act, 1881 ("NI Act" in short) and is seeking the following reliefs:

(2.) Briefly put, the facts relevant for disposal of the instant petition are that:

(3.) The petitioners have challenged the impugned orders pleading that vide order dtd. 7/12/2021 bail was granted to the petitioner no. 2 without imposing any condition. Condition of pre-deposit of Rs. 2 crores in the form of FDR was imposed for the entertainment of the petitioner's appeal u/s 148 of the N.I. Act. Therefore, learned ASJ could not have cancelled the petitioner no.2's bail on account of non deposit of Rs. 2 crores. Learned counsel also argued that by imposing an unreasonable pre condition of deposit of Rs. 2 crores for entertainment of appeal, in effect, Learned ASJ has scuttled the petitioners' right to appeal. Therefore, the order dtd. 7/12/2021 imposing the aforesaid condition of deposit of Rs. 2 crores and order dtd. 11/5/2022 cancelling the petitioner no. 2's bail are illegal, arbitrary and not sustainable.