RAJESH JADLI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C), the petitioner has sought quashing of order dated 17.03.2010, whereby a condition has been imposed to deposit Rs. 2,50,000/- in court for staying operation of the order, passed by Magistrate, challenged in criminal appeal No. 09 of 2010, Rajesh Jadli Vs. State of Uttarakhand and another, pending in the court of Sessions Judge, Pauri Garhwal.

(2.) HEARD learned counsel for the parties present.

(3.) LEARNED counsel for the petitioner submitted that the amount of Rs. 2.5 lakh, is too heavy to be deposited and such condition would render the criminal appeal infructuous. The amount mentioned in the cheque, which was dishonoured was Rs. 4,65,000/-. Considering the facts and circumstances of the case, having considered submissions of learned counsel for the petitioner, this Court is of the view that by directing the petitioner to deposit Rs. 1.5 lakh (instead of Rs. 2.5 lakh) as a condition precedent for stay of execution of the order, challenged in the appeal, would meet the ends of justice.