RAJESH KUMAR GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Nipun Singh, learned counsel for the applicant and Sri Pankaj Saxena, learned AGA for the State.

(2.) The present application has been filed to quash the order dtd. 11/2/2025 passed by learned Additional District and Sessions Judge/Special Judge (SC/ST) Act, Gautam Buddha Nagar in Criminal Appeal No.75 of 2024, Rajesh Kumar Gupta Vs. Ram Avtar Gupta (H.U.F.), u/s 148 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act, 1881'), Police Station-Kasna, District-Gautam Buddha Nagar, pending in the court of learned ADJ-II/Special Judge (SC/ST) Act, District Court, Gautam Buddha Nagar.

(3.) Facts giving rise to the present controversy is that a complaint was filed by opposite party no.2 against the applicant u/s 138 of the Act, 1881, in which the applicant was convicted against which appeal was filed by the applicant. During the pendency of appeal while staying the conviction order, the appellate court directed the applicant to deposit 20% of compensation. That order was challenged by the applicant before this court by way of an Application u/s 482 No.36555 of 2024 which was disposed of by this court vide order dtd. 25/10/2024 setting aside the order of the appellate court dtd. 7/10/2024 and remanded the matter back to the appellate court to pass fresh order, subject to the condition that applicant will deposit 10% of fine.