BRIJNANDAN SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Section 482 CrPC has been filed for quashing the orders dated 24.2.2020 and 24.9.2020 passed by learned Sessions Judge Agra in Criminal Appeal No. 15 of 2020, (Brijnandan Sharma Vs. State of UP) under Section 138 of N.I. Act, Police Station Hapur Kotwali, Distt. Hapur arising out of judgment and order dated 24.1.2020 passed by Chief Judicial Magistrate, Hapur in Complaint Case No. 282 of 2009 (Hitesh Kumar Vs. Brijnandan Sharma) under Section 138 of Negotiable Instruments Act, whereby learned Sessions Judge, Hapur granted bail to the applicant on the condition of deposit 35% of the amount of Rs.75,00,000/- imposed as fine by the learned Magistrate.

(2.) Learned counsel for the applicant submits that the applicant is a very poor and he is not in a position to deposit such a huge amount. He further submits that appellant is an old man and entire conspiracy hatched to grab the agricultural land of the applicant against which a civil suit is also pending. The court below has not considered the amount of fine, which is unreasonable and ought to have been reduced.

(3.) Learned counsel for the applicant relied upon the judgement and order of this Court in Application U/s 482 No. 14999 of 2018 (Yatendra Bharadwaj Vs. State of UP) dated 25.5.2018 wherein this Court has passed the following order:-