MUKUL NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr T Deori, learned counsel for the petitioner and Mr M K Das, learned counsel for the respondent No. 2.

(2.) By this application under Section 482 CrPC, the petitioner has challenged the order dated 28.08.2019, passed by the learned Additional District and Sessions Judge (FTC) No. 3, Kamrup (M), Guwahati, in Criminal Appeal Case No. 150/2019, whereby the learned appellate Court has directed the present petitioner (accused) to deposit 20% of the compensation amount awarded by the learned trial Court in CR Case No. 2933/2015, under Section 138 of the NI Act.

(3.) The brief facts that can be narrated that the present petitioner faced criminal trial under Section 138 of the NI Act before the learned trial Court and the learned trial Court sentenced the accused to undergo SI for 6 months and to further pay a compensation of Rs. 3,03,400/- to the complainant and in default, SI for 2 months. The present petitioner preferred an appeal before the appellate Court and while admitting the appeal, the learned appellate Court vide order dated 28.08.2019, directed the petitioner to deposit 20% of the total compensation awarded by the learned trial Court within the next date. Now, the challenge has been made to the impugned order for giving direction to deposit 20% of the compensation amount.