Sethi Anil Kumar & Company & ANR v. State & ANR

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3223/2018 and Crl. M.A. no. 11365/2018 M/S. SETHI ANIL KUMAR & COMPANY & ANR..... Petitioners Through Mr. Amarjit Singh Bedi and Mr.

Varun Chandiok, Advs.

versus STATE & ANR.

..... Respondents Through Ms. Aashaa Tiwari, APP

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 02.07.2018 By this petition under Section 482 Cr.P.C., petitioners have prayed that appeal of the petitioners be heard by the Appellate Court without imposing the pre-condition of furnishing the FDR of `1,50,000/-. It is submitted that petitioners shall deposit the fine component of `50,000/- before the trial court within one week. It is further submitted that petitioners are not in a position to furnish FDR of `1,50,000/- due to financial crisis. This is a case where petitioners have been convicted under Section 138 of the Negotiable Instruments Act, 1881 and fine of `50,000/- has been

imposed. Rest of the amount is towards the compensation. Appellate Court has directed for furnishing the FDR of `1,50,000/-. In my view, appeal may be heard without insisting the appellant to deposit the compensation award. Accordingly, order of Appellate Court regarding deposit of `1,50,000/- in the shape of FDR is set aside. Appellate Court shall hear the appeal and dispose of the same without insisting the furnish of the FDR of `1,50,000/-. Petitioners shall deposit fine of `50,000/- with the trial court within one week.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

JULY 02, 2018 r.bararia