RAJNEESH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of this C528 application, applicant has challenged the order dtd. 10/12/2024 passed by learned 1st Additional Sessions Judge, Roorkee, District Haridwar in Criminal Appeal No. 115 of 2024, Rajneesh v. State of Uttarakhand and others, whereby, a condition was imposed that "operation of the sentence awarded by learned trial court in Complaint Case No. 4102 of 2022, Susheel Kumar v. Rajneesh, shall remain stayed during the pendency of appeal subject to deposit 20% of total amount of fine as provided under Sec. 148 of N.I. Act within 60 days, failing which, the stay order shall automatically be vacated" and further prayed to stay the effect and operation of the above mentioned impugned order dtd. 10/12/2024.

(3.) It is contended by the learned counsel for the applicant that the learned trial court vide judgment and order dtd. 14/11/2024, convicted the applicant under Sec. 138 of NI Act and sentenced him to six months' simple imprisonment with fine of Rs.4,15,000/, with default stipulation of one month additional simple imprisonment. Against this order, an appeal was filed and the impugned order dtd. 10/12/2024 was passed by the learned Sessions Judge, Dehradun.