RAM SINGH Vs. TEK CHAND

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) read with Article 227 of the Constitution of India for quashing of order dated 08.11.2019 passed by the leaned Additional Sessions Judge, Gurugram in Criminal Appeal No.CRA/541/2019 titled as 'Ram Singh Vs. Tek Chand' whereby the petitioner was directed to deposit amount of Rs.1,00,000/- being 20% of the compensation awarded by the trial Court on or before the next date of hearing.

(2.) Briefly stated, the facts giving rise to the filing of the petition are that the respondent filed complaint bearing NACT No.3613 of 2015 (CNR NO.HRGR03-008409-2015 dated 20.07.2015) titled as 'Tek Chand Vs. Ram Singh' under Sections 138, 141 and 142 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') pleading dishonouring of cheque No.181332 dated 30.05.2015, issued by the present petitioner arrayed as accused in the said complaint for an amount of Rs.5,00,000/- in discharge of subsisting legal liability, on the ground of "Funds Insufficient" and failure of the present petitioner to pay the amount within the period of fifteen days from date of service of notice on him.

(3.) On trial, learned Judicial Magistrate 1st Class, Gurugram held the petitioner to be guilty and convicted him under Section 138 of the N.I. Act vide judgment of conviction dated 05.10.2019 and sentenced him vide order of sentence dated 09.10.2019 to undergo simple imprisonment for a period of six months and directed him to pay compensation to the tune of Rs.5,00,000/- payable either on expiry of period of appeal or on disposal of the appeal.