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2025 DAILYLAW 167704 (ALL)

ARUN KUMAR TOMAR v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

A482/8430/2025 · 2025-10-07

Brij Raj Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8430 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed with a prayer to quash the impugned order dated 09.07.2025 passed by the Sessions Judge, Lucknow in Criminal Appeal No.197 of 2025 with a further prayer to stay the order to the extent that the applicant be granted interim relief of stay for depositing 20% of the total amount and also to stay the further proceedings of the aforesaid case. 3. Issuance of notice to opposite party no. 2 is dispensed with. 4. Learned counsel for the applicant submitted that a case under Section 138 of Negotiable Instruments Act was decided in favour of opposite party no. 2 vide judgment and order dated 19.06.2025, against which an appeal was preferred by the applicant. The appeal was admitted by the order dated 09.07.2025 and while admitting the appeal, the appellate court directed the appellant to deposit 20% compensation amount and rest 80% of the amount was stayed. 5. Hence, the present petition has been filed by the applicant on the ground that the order passed by the court below is not sustainable for the reason that cheque was issued by the applicant but it was not in the name of the opposite party no.2, though it was signed by him. Learned counsel has further submitted that the evidence has not been adduced properly and there is a hope that he will win the case. 6. After going through the record and provision under Section 148 of The Negotiable Instruments Act, it is clear that 'notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), in an appeal filed by the drawer against conviction under Section 138, the Appellate Court may order the appellant to deposit Versus Counsel for Applicant(s) : Pratyush Mishra, Anil Kumar Pandey Counsel for Opposite Party(s) : G.A. Arun Kumar Tomar .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And Another .....Opposite Party(s) such sum which shall be a minimum of 20% of the fine or compensation awarded by the trial Court.' Discretion is provided under Section 148 and in the present matter, 20% amount has been directed to be paid and rest of the 80% amount has already been stayed by the court below. 7. Learned counsel for the applicant is unable to point out any illegality or perversity in the order dated 09.07.2025 passed by the court below. This court is satisfied that the order for depositing 20% amount of the compensation is justified. 8. The application is devoid of merits and is, accordingly, dismissed. October 7, 2025 Pks A482 No. 8430 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench