BHARAT MITTAL EX-DIRECTOR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition is filed under Sec. 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 with a prayer seeking quashing of the impugned order dtd. 27/11/2024 (to the extent of deposition of 20% compensation award) and order dtd. 2/5/2025 passed by Additional District and Sessions Court in Criminal Appeal No. 83/2024, whereby, learned Appellant Court has rejected the application of the petitioner for waiver of condition of depositing 20% compensation amount.

(2.) The petitioner in capacity of a director and as an authorized signatory of respondent No.3/Company had issued a cheque on behalf of the Company in favour of the respondent No.2/complainant. Thereafter, for dishonor of the said cheque with the remark "Exceeds arrangement" and non-payment of amount even after service of legal notice, respondent No.3 filed a complaint against the petitioner alleging offence under Sec. 138 of Negotiable Instruments Act, 1881 (for short NI Act).

(3.) Learned Trial Court vide judgment dtd. 28/10/2024, convicted the petitioner under Sec. 138 of NI Act with two Year simple imprisonment and ordered for the payment of Rs.8,10,00,000.00 as compensation under Sec. 357(3) of Criminal Procedure Code, 1973 (for short Cr.P.C) to the respondent No.2 and in case of default, additional six months imprisonment was imposed.