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Judgment
In furtherance of last order, learned ASC has apprised further facts, which clearly show an effort of the petitioner to somehow hoodwink the Court and indulge in forum shopping.
It appears that the petitioner was convicted under Section 138 of Negotiable Instruments Act and the appellate court directed suspension of sentence subject to deposit of 20% of the fine amount, as contemplated by Section 148 of the Act. That order of the appellate court was challenged by the present petitioner by way of W.P. (Crl.) No. 2935/2025 and that writ petition is pending before a coordinate bench. In the said writ petition, no interim protection was granted to the petitioner. That being so, the petitioner filed an application before the appellate court, seeking recall of the earlier order with permission to deposit 10% of the compensation, instead of 20% as directed earlier. That application was dismissed by the appellate court by way of order dated 03.01.2026, which is impugned in this petition.
The order dated 03.01.2026, if at all sought to be challenged, the same should have been raised by way of an application in W.P. (Crl.) No. 2935/2025 and not by way of a substantive writ petition. It appears that the petitioner assailed that order by way of a substantive writ petition with the speculation that this Court in the present writ petition may stay the order of appellate court for deposit of 20% of compensation, which order the petitioner could not obtain in W.P. (Crl.) No. 2935/2025.
Therefore, the present petition is dismissed with cost of Rs. 20,000/-to be deposited by the petitioner online with www.bharatkeveer.gov.in within one week.
Pending application also stands disposed of.