MUKESH LAXMANSINGH BISEN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of both sides.

(2.) By this application, applicant/original accused has prayed to quash and set aside the impugned order dated 19.4.2014 to the extent of imposing condition upon the applicant to deposit amount of Rs. 6,50,000/- passed by the learned Judicial Magistrate, First Class, Court No. 1, Akola in Summary Criminal Case No. 2396 of 2009 and further to quash and set aside the order passed by the learned Additional Sessions Judge, Akola in Criminal Appeal No. 40 of 2014 so far as it relates to imposing condition to deposit part amount of Rs. 6,50,000/- which comes to Rs. 4,70,000/-.

(3.) It appears that in the proceeding initiated by Non-applicant No. 2/original complainant under the provisions of Section 138 of the Negotiable Instrument Act, applicant was convicted and is sentenced to suffer Simple Imprisonment for six months and is directed to pay fine of Rs. 13,00,000/-, in default of payment of fine he is directed to suffer Simple Imprisonment for five months. Out of the fine amount Rs. 12,75,000/- was directed to be paid to the complainant as compensation.