RAVINDER KUMAR Vs. SALAMUDEEN

JUDGEMENT

(1.) The petitioner has filed present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of order dated 20.01.2020 passed by learned Additional Sessions Judge, Yamuna Nagar at Jagadhri in criminal appeal bearing No.CRA-246-2018 titled as 'Ravinder Kumar Vs. Salamudeen' to the extent of imposition of the condition on the petitioner to deposit 20% of the compensation amount within 60 days in view of Section 148(1) of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act ') for entertaining the appeal.

(2.) Briefly stated the facts giving rise to the filing of the present petition are that respondent filed complaint against the petitioner under Section 138 of the N.I. Act on the averments that on 02.12.2016, the petitioner issued cheque for Rs.4,00,000/- in discharge of liability which was on presentation dishonoured with remarks 'funds insufficient' and the petitioner failed to pay the amount within prescribed period of 15 days from receipt of legal notice dated 22.12.2016. On trial the petitioner was convicted and sentenced under Section 138 of the N.I. Act vide judgment of conviction dated 20.08.2018 and order of sentence dated 24.08.2018 passed by learned Judicial Magistrate Ist Class, Sub Division Bilaspur. The petitioner filed appeal against the above-said judgment of conviction and order of sentence. Sentence of the petitioner was suspended during pendency of the appeal. Vide impugned order dated 20.01.2020 the petitioner was directed to deposit 20% of the compensation amount within 60 days as mentioned above.

(3.) Feeling aggrieved, the petitioner has filed the present petition.