Amrit Kumar Saikia Vs Anjol Gogoi

Heard Mr. I. Choudhury, learned counsel for the petitioner and Mr. N. Z. Choudhury, learned counsel, appearing for the respondent. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor, appearing for the State of Assam.

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2. The present Criminal Petition has been instituted, assailing an order dated 11.08.2023, passed by the Learned Additional Sessions Judge, FTC, North Lakhimpur, in Criminal Appeal No.22(3)/2023), to the extend that the same while admitting the appeal preferred by the petitioner, herein, had imposed a condition upon the petitioner to deposit 25% of the fine/compensation awarded by the learned Trial Court. The petitioner, herein, was to deposit an amount of Rs.2,50,000/-(Rupees Two Lakhs Fifty Thousand) for the said purpose and on deposit of the said amount, the judgment and order impugned in the said Criminal Appeal would stand suspended.

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3. The petitioner being aggrieved by the said order dated 11.08.2023, has instituted the present criminal petition.

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4. Mr. I. Choudhury, learned counsel for the petitioner had made submissions to the effect that the order dated 11.08.2023, was so passed by the Appellate Court without appreciating the provisions of Section 148(1) of the Negotiable Instruments Act, 1881, in its proper perspective. He has submitted that the learned Appellate Court had directed for deposit of 25% of the fine/compensation amount awarded by the learned Tribunal for the purpose of suspending the order of the learned Trial Court, on the supposition that the provisions of Section

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148(1) is mandatory. He, in this connection, relies upon the decision of the Hon’ble Supreme Court in the Case of Jamboo Bhandari Vs. Madhya Pradesh State Industrial Development Corporation Limited and Others reported in (2023) 10 SCC 446 . After having made the said submissions, Mr. I. Choudhury, has further submitted that the cheque, in question, has been disputed to have been issued by the petitioner, herein, and accordingly, in the event, if the same is established before the Appellate Court, the orders passed by the Trial Court would mandate an interference. Accordingly, he submits that in the event, the amount is so deposited by him, in terms of the directions passed by order dated 11.08.2023, and the same is released to the respondent, and finally the appeal is allowed, the petitioner stands to face irreparable loss and injury.

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5. Poised thus, the learned counsel for the respondent has submitted that the amount on being deposited by the petitioner, herein, in terms of the direction passed by the Appellate Court vide order dated 11.08.2023, be directed not to be released to the respondent. The said submission has been accepted by the Mr. I . Choudhury, who submits that he would make the deposit of the amount of Rs.2,50,000/-(Rupees Two Lakhs Fifty Thousand) as directed vide the order dated 11.08.2023 by the Appellate Court in Criminal Appeal No.22(3)/2023), within a period of 15(fifteen) days from today.

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6. The Appellate Court on the said amount being deposited by the learned counsel for the petitioner, herein, before it, shall keep the said amount in an interest bearing account and shall not release the same to the respondent during the pendency of the appeal. Upon disposal of the appeal, the said amount be dealt with, in terms of the decision that would be arrived at in the appeal by the Appellate Court.

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7. In the event, the petitioner fails to deposit the said amount as

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directed by the Appellate Court vide order dated 11.08.2023, in terms of paragraph 5 of this order, within 15(fifteen) days from today, the interim directions passed by the Appellate Court shall lapse and consequential action as mandated would be permissible to be taken in in the matter by the Appellate Court.

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8. With the above observations and directions, the Criminal Petition stands disposed of.

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JUDGE

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Amrit Kumar Saikia v. Anjol Gogoi

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Amrit Kumar Saikia v. Anjol Gogoi

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