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Judgment
The present petition has been filed under Section 482 Cr.P.C. praying that the condition imposed by the lower appellate court to deposit Rs. 48,000/- to
entertain appeal preferred by the petitioner, be set aside.
The learned counsel for the petitioner has contended that the petitioner issued a cheque amounting to Rs.1,25,000/-and said cheque on presentation
had bounced. Aggrieved against the same, the complainant filed a complaint for offence under Section 138 of Negotiable Instruments Act and in the
said complaint, petitioner was prosecuted and convicted and he was ordered to pay Rs.2,40,000/- to the complainant.
The learned counsel for the petitioner further contended that aggrieved against the same, petitioner filed an appeal and in the said appeal lower
appellate court ordered that the petitioner should deposit Rs.48,000/- for entertainment of the appeal.
I have heard the learned counsel for the parties.
This Court shall dispense with the issuance of notice upon the complainant as the order proposed to be passed by this Court is not detrimental to the
complainant, as issuance of a notice will not only delay the decision of the appeal but shall also burden the complainant with litigation cost and
expenses. Hence, the present petition is disposed of by issuing a direction to the lower appellate court to decide the appeal preferred by the petitioner
within a period of one month from the date of receipt of certified copy of this order without insisting for deposit of Rs.48,000/-.