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Judgment
S.S. Mishra, J
The petitioner has been convicted in I.C.C. Case No.204 of 2011 initiated by the opposite party no.2 under Section-138 of the N.I. Act. The petitioner has filed Criminal Appeal No.37 of 2023 in the Court of the learned District & Sessions Judge, Jagatsinghpur.
On 27.09.2023, learned Sessions Judge, Jagatsinghpur directed the petitioner to deposit 20% of the cheque amount under Section 148 of the N.I. Act. The petitioner could not deposit the amount within the statutory period leading to issuance of N.B.W. on 02.01.2024.
Learned counsel for the petitioner on instruction submits that his client would be depositing Rs.50,000/- being 20% of the cheque amount of Rs.3,50,000/- within fifteen (15) days hence. Subject to the petitioner depositing Rs.50,000/- (Rupees fifty thousand) being 20% of the cheque amount of Rs.3,50,000/- before the appellate Court, the execution of the order dated 02.01.2024 passed by the learned Sessions Judge, Jagatsinghpur in CRLA No.37 of 2023 shall be stayed. After the compliance of this order by the petitioner, the appellate Court shall hear the appeal filed by the petitioner on its own merit.
The CRLMC is accordingly disposed of.
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