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2010 DIGILAW 237 (UTT)

Darshana Rani Kapoor v. State Of Uttarakhand

2010-04-26

PRAFULLA C.PANT

body2010
JUDGMENT : Prafulla C. Pant, J. By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has challenged the condition imposed by the Sessions Judge, Dehradun, in Criminal Appeal No. 23 of 2010, Darshana Rani Kapoor v. State, for staying the recovery of compensation directed to be paid by the trial Court (Additional Chief Judicial Magistrate, II, Dehradun) vide its judgment and order dated 3.4.2010, in Criminal Case No. 113 of 2010. 2. Heard learned Counsel for the parties. 3. Brief facts of the case are that the respondent No. 2/complainant filed the criminal complaint against the petitioner for her trial in respect of offence punishable u/s 138 of Negotiable Instruments Act, 1881. The Trial Court vide its order dated 3.4.2010, passed in criminal complaint case No. 116 of 2010, convicted the petitioner u/s 138 of Negotiable Instruments Act, 1881 and sentenced her to simple imprisonment for a period of one year and also directed her to pay fine of Rs. 5,000/- and compensation amounting Rs. 1,50,000/-. Against the said order a criminal appeal No. 24 of 2010, was filed, which was admitted by the Sessions Judge vide its order dated 12.4.2010 and bail was also granted. But for stay of the amount of compensation it was directed by the appellate Court that 50% of the amount of compensation shall be deposited before the trial Court. The petitioner is aggrieved by said condition. 4. Having considered the submissions of the learned Counsel for the petitioner and after going through papers on record the condition imposed by the Appellate Court is modified to the extent that on petitioners' depositing 1/3rd of compensation (Rs. 50,000/-) before the trial Court within a period of fifteen days from today, the recovery in respect of remaining amount of compensation (Rs. 1,00,000/-) shall remain stayed. It is further observed that the amount so deposited shall not be withdrawn by the complainant till the disposal of the appeal or interim order passed by the appellate Court, whichever is earlier. The petition u/s 482 of Cr.P.C. stands disposed of.