Disposed

Sunil Kumar @ Sonu v. State of U.P. and Another

Allahabad HC24 Aug 2023A482/28748/2023

Case brief

AI extract

What is this about?

This Section 482 Cr.P.C. application challenged a Sessions Judge's bail order conditioning release on depositing the full penalty amount. Lehmann AGA argued against it citing Section 148 N.I. Act, suggesting a minimum 20% deposit. The Court dismissed the writ petition and directed the applicant to move a separate application under Section 148 N.I. Act.

What did the court decide?

Application under Section 482 Cr.P.C. disposed of; applicant directed to file application under Section 148 N.I. Act before Sessions Judge.

Sunil Kumar @ Sonu Vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:171127

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 28748 of 2023

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Applicant :- Sunil Kumar @ Sonu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the order dated 08.06.2023 passed by Session Judge, Hathras in Criminal Appeal No. 38 of 2023 (Sunil Kumar @ Sonu Vs. Narendra Singh), pending before the court below, Police Station- Mursan, District- Hathras.

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Learned counsel for the applicant has challenged the order dated 08.06.2023 passed by learned Sessions Judge, while considering the bail application under appeal filed against the conviction order dated 02.06.2023 under Section 138 N.I. Act. Counsel for the applicant further submits that the bail order passed by learned Sessions Judge vide order dated 08.06.2023 is without application of mind as applicant has been granted bail on a condition that applicant shall deposit all penalty amount.

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Learned AGA has raised objection and has submitted that provision of appeal is provided under Section 148 N.I. Act in which it is specifically stated that the Appellate Court may order the appellant to deposit such sum which shall be minimum 20% of the fine or compensation awarded by the trial court.

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Considering the argument raised by counsel for the applicant, in view of the objection raised by learned AGA, applicant may move application in view of Section 148 N.I. Act before learned Sessions Judge and learned Sessions Judge shall decide the application within fifteen days from the date of production of certified copy of this order.

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With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of.

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Order Date :- 24.8.2023 Anjali

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Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad

Sunil Kumar @ Sonu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sunil Kumar @ Sonu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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