GOEL & GOEL PARTNERSHIP FIRM Vs. CHANNI RANDHAWA

JUDGEMENT

(1.) This M.Cr.C under Section 482 Cr.P.C has been preferred by the petitioner for seeking following reliefs:-

(2.) According to case, the complainant/petitioner has filed a Criminal Case No. 300968/2013 against the respondent for the offence under Section 138 of N.I. Act. Vide judgment dated 28.03.2019, the learned trial Court convicted the respondent in the aforesaid offence and awarded the sentence to undergo R.I. for one year with the direction to pay compensation amount of Rs. Five Crore to the petitioner. Being aggrieved by the findings of the trial Court, the respondent approached the learned 3 rd ASJ, Itarsi, District Hoshangabad by way of filing a Criminal Appeal No. 15/2019. The learned Appellate Court has admitted the appeal and while considering the application of suspension of sentence, the learned Appellate Court directed the respondent to deposit Rs. One Crore which is 20% of amount of compensation as per Section 148 of N.I. Act within a period of 60 days. On 17.06.2019, the learned Appellate Court granted further time of 30 days to deposit the said amount. In the meanwhile, the respondent has filed two petitions before the High Court seeking relief in depositing 20% amount of compensation. Both the petitions were dismissed by this Court and directed the respondent to pay the same, but the respondent did not comply the provision of NI Act . Hence, the Court below has issued non-bailable warrant against the respondent.

(3.) Further, looking to the conduct of the respondent, the petitioner has preferred an application for dismissing the appeal on the ground of non-payment of 20% of compensation amount as per Section 148 of N.I. Act. The respondent has also filed reply of said application as well as filed an application under Section 317 of Cr.P.C . The learned Court below has dismissed the application of the petitioner and allowed the respondent to appear through his counsel. On 14.10.2019, the respondent was again absent before the Appellate Court and filed another application under Section 317 of Cr.P.C. which was again allowed by the learned Appellate Court discarding the objection of the petitioner. Thereafter, on 23.11.2019, the petitioner has filed an application under Section 389(1) of Cr.P.C. for cancellation of order of suspension of sentence and bail passed by the Appellate Court, but vide order dated 26.11.2019, the learned Appellate Court has rejected the same.