SUSHILA BISWAS Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since facts as well as parties to both the criminal miscellaneous applications are similar, therefore, both criminal misc. applications are being heard and decided together. However, for the sake of convenience, facts of C482 No. 2656 of 2019 are being considered.

(2.) By means of this miscellaneous application under Section 482 Cr.P.C., applicant has sought relief for quashing of the impugned order dated 15.10.2019 passed by learned Sessions Judge, Udham Singh Nagar in Criminal Appeal No. 318 of 2019, whereby applicant was directed to deposit 20% of fine/compensation before trial court on or before 07.12.2019.

(3.) Facts of the case, in brief, are that respondent No. 2 - Gulshan Chawla filed a criminal complaint under Section 138 of Negotiable Instruments Act against the applicant in the Court of Judicial Magistrate 2nd, Rudrapur, District Udham Singh Nagar with the allegation that an agreement took place between the complainant (respondent No. 2 herein) and husband and sister of the applicant regarding sale of a shop, but ultimately, the owner of the shop failed to fulfill the condition of agreement and was ready to return the advance money paid by the complainant. Consequently, two cheques, for a sum of Rs. 10,00,000/- each, were given to the complainant but the same were dishonoured due to "stop payment ". Hence, complainant lodged a complaint on 14.05.2013 in the court of Judicial Magistrate 2nd, Rudrapur, District Udham Singh Nagar. Learned trial court vide judgment and order dated 21.09.2019 convicted and sentenced the applicant to under one year simple imprisonment under Section 138 Negotiable Instruments Act and directed to pay a fine of Rs. 13,60,000/- and, in default of payment of fine, applicant was directed to undergo further six months simple imprisonment.