AMIT NIGAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition under Sec. 482 Crimial P.C. has been filed for quashing of order dated 24.01.2017 passed by District and Sessions Judge, Lucknow in Criminal Appeal No. 12 of 2017, Amit Nigam Vs. State) arising out of judgment and order dated 06.01.2017/07.01.2017 passed in Complaint Case No. 2785 of 2016 (Archana Nigam Vs. Amit Nigam) under Sec. 138/142 Negotiable Instrument Act, whereby Sessions Judge, Lucknow has stayed realization of fine on condition of deposit of Rs. 07 Lacs out of total amount of fine imposed by the Magistrate.

(2.) Brief facts in the back drop of which this petition under Sec. 482 Crimial P.C. has been filed are that an Account Payee Cheque of Rs. 04 Lacs issued by applicant in favour of opposite party was dishonored due to insufficiency of money. The cheque amount was not paid by the applicant even after notice given by respondent, therefore, the respondent filed a complaint case in the Court of Magistrate concerned. The applicant was convicted by the Magistrate concerned in above mentioned complaint under Sec. 138 of Negotiable Instrument Act and he was sentenced to simple imprisonment for a term of two years and fine to the tune of Rs. 14 lacs out of which Rs. 07 lacs was directed to be paid to the complainant-respondent as compensation.

(3.) An appeal was filed by the applicant against the judgment of conviction and sentence, where pending appeal the applicant was enlarged on bail on 17.01.2017, but as realization of fine was not stayed by the trial Court, the release order was returned on the ground that fine was not deposited. Consequently, the applicant moved an application before appellate Court where realization of fine was stayed on 24.01.2017 subject to condition that applicant deposits Rs. 07 lacs in the Court. Admittedly, the amount of find was not deposited and this petition under Sec. 482 Crimial P.C. has been filed assailing the order dated 24.01.2011 imposing condition for suspension of sentence.