Subhash Chandra Verma Vs State of U.P. and Another

Court No. - 43

Case :- APPLICATION U/S 482 No. - 10593 of 2020

Applicant :- Subhash Chandra Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adarsh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 13.02.2020 passed by Session Judge, Kanpur Nagar in Criminal Appeal No.27 of 2020, under Section 138 of N.I. Act, P.S. Kalyanpur, District Kanpur Nagar directing the applicant to deposit 40% fine within a period of 15 days in a violation of Section 357 (2) Cr.P.C. & Section 148(1) of N.I.Act.

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Learned counsel for the applicant submits that the appellate court had directed the applicant to deposit 40% out of the amount of fine of Rs. 1,22,000/- within a period of 15 days from the date of the order and file receipt of fine deposited in the court within the stipulated period. In the Application U/S 482 No.21324 of 2018 (Vipin Kumar Vs. State of U.P. And Another) this Court has modified the similar order by substituting to furnish personal bond and security in the form of surety of like amount.

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Learned A.G.A submits that in view of the order passed by this Court in the referred application, the impugned order may be modified .

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In view of the submission of the learned counsel for the parties, the impugned order is modified to the extent that the applicant will furnish personal bond and security in the form of surety of like amount to the extent of 40% of the amount.

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Accordingly, the application is disposed of.

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Order Date :- 18.6.2020 MAA/-

Subhash Chandra Verma v. State of U.P. and Another

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Subhash Chandra Verma v. State of U.P. and Another

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