SANDEEP BHIKCHAND BAGMAR Vs. SAMBHAJI KHANDU LENDGHAR

JUDGEMENT

(1.) The Petitioner is the original accused in Summary Criminal Case No.695 of 2019 before the Court of Judicial Magistrate First Class at Vadgaon Maval, Pune. The learned Trial Judge vide order dtd. 12/07/2022, passed below Ex.15 and 20 directed the Petitioner/accused to deposit interim compensation amount i.e. 20% of the total amount of the cheque on or before cross-examination of the Respondent No.1. He granted 30 days time to the Petitioner/accused to deposit interim compensation amount from the date of the order.

(2.) The said order was challenged by the Petitioner before the Revisional Court and learned Additional Sessions Judge, Vadgaon, Pune, vide order dtd. 30/12/2022 partly allowed the Criminal Application No.88 of 2022. He upheld the direction to deposit the compensation amount of 20% of the cheque amount, but the order to deposit the said amount on or before cross- examination of the Respondent No.1 was set aside. Both these orders are under challenge in this Writ Petition.

(3.) Learned counsel for the Petitioner submitted that the Trial Court has not given any reasons as to why he had exercised the discretion against the Petitioner directing him to make payment of 20% of the cheque amount. He submitted that the Petitioner is ready to go on with the matter and the trial itself can be concluded expeditiously and therefore the deposit of the amount is not necessary. He further submitted that his right to cross-examine is affected because of the operative part of the order passed by the trial Court.