Neutral Citation No. - 2023:AHC-LKO:59935
Court No. - 12 Case :- APPLICATION U/S 482 No. - 9066 of 2023
Applicant :- Pankaj Devi Verma @ Pankaj Ram Kishore Verma
Opposite Party :- State Of U.P Thru. Pri. Secy. Home Lko And Another
Counsel for Applicant :- Vivek Tiwari,Sushil Kumar Verma
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
1. Vakalatnama filed by Sri Shishir Kumar Saxena, Sri Shivam Gupta, Advocates on behalf of respondent no.2 is taken on record.
2. Heard learned counsel for the applicant, learned counsel for respondent no.2, learned A.G.A. and perused the record.
3. The present application has been filed for quashing the order dated 19.08.2023 passed by learned A.D.J./Special Judge, Court No.4, Lucknow in Criminal Appeal No.92 of 2023 (Pankaj Devi Verma vs. State of U.P. and another).
4. Learned counsel for the applicant submits that applicant was convicted by trial court vide judgement and order dated 24.03.2023 U/s 138 of N.I. Act sending him for the period of 02 years simple imprisonment with fine of Rs.61 lakhs and in default of payment of the fine, she would undergo one year further simple imprisonment. He further submits that Criminal Appeal No.92 of 2023 was filed before the Appellate Court, the said appeal was admitted. He further submits that applicant was enlarged on bail vide order dated 20.04.2023 passed by Additional Sessions Judge, Court No.1, Lucknow with the condition that appellant will deposit 20% of the aforesaid fine amount within 30 days from the date of the order. It is further submitted that as the applicant could not arrange the above money, he moved applications before trial court for extension of time for depositing the above 20% amount of fine. It is further submitted that an application dated 31.05.2023 before learned Appellate Court was moved under Section 148 (2) of Negotiable Instrument Act for extention of 30 days' time upto maximum period of 90 days time and learned Appellate Court further granted 30 days' time to applicant to deposit 20% amount. It is, thus, submitted that applicant is ready to deposit 20% of the fine amount, hence, indulgence of this Court is necessary.
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5. Learned counsel for respondent no.2 has no objection, in case, the applicant deposit the amount as ordered by Additional Sessions Judge, Court No.1, Lucknow in pursuance of its order dated 20.04.2023. He also requests that Appellate Court may be directed to expedite the hearing of appeal.
6. Learned A.G.A. opposes the prayer of applicant but he does not dispute on the above submissions.
7. Considering the submissions of learned counsel for the applicant, learned counsel for respondent no.2, learned A.G.A. and going through the contents of application as well as other relevant documents; it is evident that applicant is ready to deposit 20% of the fine amount as ordered in pursuance of the order dated 20.04.2023 passed by Additional Sessions Judge, Court No.1, Lucknow and private respondent has no objection on the above point. In such circumstances, the present application is liable to be allowed.
8. With aforesaid observations, the present application U/s 482 Cr.P.C. is allowed and order dated 19.08.2023 passed by learned A.D.J./Special Judge, Court No.4, Lucknow is hereby
set-aside.
9. Applicant is directed to deposit 20% of the fine amount in pursuance of order dated 20.04.2023 passed by Additional Sessions Judge, Court No.1, Lucknow.
Order Date :- 19.9.2023 Arpan
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