Disposed

Rahim Uddin @ Shanoo v. State of U.P. and Another

Allahabad HC6 Apr 2022A482/2117/2022

Case brief

AI extract

What is this about?

The High Court allowed an application under Section 482 Cr.P.C. to set aside the interim order directing the appellant to deposit one-third of the convicted amount. It directed the appellant to deposit one-fourth within one month, after which the lower court must decide the pending appeal expeditiously within four months.

What did the court decide?

The order directing the appellant to deposit 1/3rd of the amount is set aside. The appellant shall deposit one-fourth of the due amount within one month. The Appellate Court is directed to decide the

Rahim Uddin @ Shanoo Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 2117 of 2022

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Applicant :- Rahim Uddin @ Shanoo Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Shukla Counsel for Opposite Party :- G.A.,Madan Mohan,Prem Sagar Verma

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Prem Sagar Verma, learned counsel for the opposite party no.2.

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The present application under Section 482 Cr.P.C. has been filed for setting aside the order dated 25.11.2021 passed by learned Sessions Judge, Agra in Criminal Appeal No. 108 of 2021 (Rahim Uddin Vs. State of U.P. and another) under Section 138 of Negotiable Instrument Act, Police Station M.M.Gate, District Agra, whereby the applicant has been directed to deposit 1/3 of the due amount.

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Learned counsel for the applicant submits that vide Judgement and order of conviction dated 26.10.2021, the learned Court below convicted the applicant to undergo for simple imprisonment of six months under Section 138 of Negotiable Instruments and has also directed the applicant to pay 6% simple interest on the cheque amount i.e. of Rs. 3,46,000/which approximately comes to Rs. 25,000/- as well as cheque amount, thus in this way Rs. 3,71,000/- is the total amount due to be paid by the applicant. He further submits that against the aforesaid order dated 25.11.2021, the applicant preferred Criminal Appeal No. 108 of 2021, which was admitted and notices were issued, however on the bail prayer as well as to stay the recovery proceedings during the pendency of appeal, the learned Court below directed the applicant to pay 1/3rd of the amount, which is exorbitant. Learned counsel has next submitted that the applicant is ready to pay 1/4 of the due amount, which amount may be adjusted subject to final outcome of the appeal.

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On the other hand, Sri Pram Sagar Verma, learned counsel for the opposite party no.2 has submitted that he has no objection if the applicant deposits 1/4 of the due amount but the learned Appellate Court may be directed to decide the appeal within specific time.

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Considering the facts and circumstances of the case as well as submissions of learned counsel for the parties, it is directed that the applicant shall deposit 1/4 of the due amount before the concerned Court below within a period of one month from today. In case, the amount is deposited by the appellant, the Appellate Court is directed to consider and decide the Criminal Appeal No. 108 of 2021 under Section 138 of Negotiable Instruments Act, Police Station M.M.Gate, District Agra as expeditiously as possible, in accordance with law, preferably within a period of four months thereafter.

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With the aforesaid directions, the instant application is disposed off.

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Order Date :- 6.4.2022 S.Ali

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Digitally signed by SHAUKAT ALI Date: 2022.04.07 17:21:01 IST Reason: Location: High Court of Judicature at Allahabad

Rahim Uddin @ Shanoo v. State of U.P. and Another

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Rahim Uddin @ Shanoo v. State of U.P. and Another

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