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Judgment
Vivek Jain, J
Heard on admission,
Issue notice to respondent on payment of process fee within seven working days by RAD mode, failing which this revision shall stand dismissed without reference to the Court.
Let record of the trial Court as well as appellate Court be requisitioned.
Also, heard on I.A No.5663/2024.
Learned counsel for the applicant submits that the appellate Court has granted time to the present applicant upto 12.03.2024 to deposit the remaining compensation amount out of the total compensation amount of Rs.4,12,000/-. It is submitted that the applicant has already deposited 20% of the compensation amount on 02.07.2022.
It is further argued that a cheque in the present case has not been dishourned on account of insufficieny of funds but on account of alteration of date in the cheque and the alteration was unsigned. Thus, it is argued that necessary ingredients constituting offence under Section 138 of Negotiable Instrument Act are not attracted.
Considering the above, subject to depositing a further 30% out of total compensation amount of Rs.4,12,000/- awarded by the appellate Court, the execution of order dated 13.02.2024 passed by the appellate Court shall remain stayed, till next date of hearing.
This amount shall not be disbursed without leave of this Court.