ASHOK KUMAR Vs. SH. ATTAR SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of this C528 application, applicant has challenged the order dtd. 13/8/2024 passed by learned 2nd Additional Sessions Judge, Dehradun in Criminal Appeal No.41 of 2024, Ashok Kumar Vs. State of Uttarakhand and Others, whereby the application filed by the applicant i.e. 16 ([k) for exempting him for depositing 20% of the amount of compensation was rejected vide order dtd. 14/2/2024.

(3.) Applicant was convicted under Sec. 138 of the N.I. Act vide the judgment and order dtd. 19/1/2024 passed by learned Additional CJM Dehradun in Complaint Case No.2107 of 2019, Attar Singh vs. Ashok Kumar and sentenced to undergo six months' simple imprisonment with fine of Rs.10,90,000.00, with default stipulation of one month additional simple imprisonment. Thereafter, applicant preferred a Criminal Appeal No.41 of 2024, Ashok Kumar vs. Attar Singh & others, wherein while admitting the appeal vide order dtd. 14/2/2024, he was directed to deposit 20% of the compensation i.e. Rs.2,18,000.00 within ten days. The said amount was not deposited. On application moved by applicant on 20/4/2024, he was given 30 days more time to deposit the 20% of the amount as stated above, but he failed to deposit the said amount and moved an application 16 ([k) for exemption.