AKHILESH KUMAR YADAV Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Dev, learned counsel for the petitioner as well as Mr. D. Das, learned Addl. P.P. for the State respondent No. 1. Also heard Mr. U.K. Deka, learned counsel for the respondent no. 2.

(2.) The petitioner Shri. Akhilesh Kumar Yadav is aggrieved by the order dtd. 11/3/2022 passed in Criminal Appeal No. 03/2022 by the learned Sessions Judge, Jorhat, directing the petitioner to pay 20% of the fine amount of Rs.30,00,000.00(Thirty lacs) within 11/5/2022. It is submitted that the petitioner had preferred an appeal against the judgment and order dtd. 19/2/2022 passed by the learned Chief Judicial Magistrate, Jorhat in connection with N.I. Case No. 278/2019 convicting the appellant/petitioner under Sec. 138 N.I. Act and sentencing him to undergo simple imprisonment for a period of one year and to pay a fine of Rs.30,00,000.00 as compensation to the respondent.

(3.) Per contra, the learned counsel for the respondent has contended that the petitioner/appellant is wasting the time and resources of the judicial machinery only to delay his conviction and punishment thereof. The impugned order was passed on 11/3/2022 and till date, the petitioner has been delaying the conviction, more so, when the order of conviction and sentence was passed by the learned trial Court on 19/2/2022. The petitioner has relied on a decision of the Hon'ble Supreme Court in G.J. Raja Vs. Tejraj Surana reported in (2019) 19 SCC 469, wherein, it has been observed that:-