9911796707
TMI Blog2025 (1) TMI 782X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated 08.11.2024 passed by learned Third Additional Chief Judicial Magistrate, Dehradun in Complaint Case No.10258 of 2013 Kumari Purnima Pandey Vs. Sushil Kumar Sharma, shall remain stayed during the pendency of appeal subject to deposit 20% of total amount of fine as provided under Section 148 of NI Act within 60 days, failing which, the stay order shall automatically be vacated" and further prayed to stay the effect and operation of the above mentioned impugned order dated 02.12.2024. 3. It is contended by the learned counsel for the applicant that as per the complaint case, it was alleged that complainant and applicant were close relatives and the complainant financially aided the applicant to the tune of Rs.13,00,000/- and the appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under section 143A. (2) The amount referred to in sub-section (1) shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the appellant. (3) The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal: Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nces, we find that justice would be subserved by permitting the appellant to advance his arguments on the application seeking waiver of pre-deposit which was dismissed by the Appellate Court and sustained by the High Court in Light of the aforesaid judgment. Consequently, the impugned order passed by the High Court sustaining the order of the Sessions Court is/are set aside. The Sessions Court to re-consider the application filed by appellant herein seeking waiver of the pre-deposit. It is needless to observe that the Sessions Court shall consider the said application in accordance with the observations of this Court in the aforesaid judgment and in accordance with law. The appeal is allowed and disposed of in the aforesaid terms. Pen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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