SUSHIL KUMAR JAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anil Tiwari, learned Senior Advocate alongwith Sri Kabeer Tiwari, learned counsel for the applicants, Sri Manvendra Nath Singh, learned counsel for the opposite party no.2 and Sri Raj Bahadur Verma, learned A.G.A. for the State.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed seeking quashing of the impugned order dtd. 20/6/2024 in Case No. 6930 of 2023 (Krishna Pratap Singh vs. Sushil Kumar Jain and Other) under Sec. 138 of the Negotiable Instruments Act, 1881 (in short, 'the N.I. Act'), P.S.- Kotwali, District- Lalitpur, pending in the Court of Chief Judicial Magistrate, Lalitpur, pending Chief Judicial Magistrate, Lalitpur.

(3.) Learned counsel for the applicants relying upon the judgement of the Apex Court in Pawan Bhasin v. State of U.P., 2023 SCC OnLine SC 1314 submits that the condition of deposit of 20 per cent of the cheque amount in terms of Sec. 143A (1)(a) of the N.I. Act, can be imposed at the stage when the accused had appeared and has pleaded not guilty. Learned counsel for the applicants further submits that on earlier occasion the applicants have approached this Court by filing the Application under Sec. 482 No. 13942 of 2024 (Sushil Kumar Jain And Another vs. State of U.P. and Another), which was disposed of by this Court vide order dtd. 21/5/2024 by the following order: