IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Appln C482 No. 519 of 2010 Vimal Kumar Sagar S/O Late Shri Nand Kishore Sagar, R/O F-81 in Front of Income Tax Department, Industrial Area, Haridwar, Dist Haridwar ………. Applicant Versus 1. State of Uttarakhand Through Secretary Home, Dehradun 2. Ghanshyam S/O Shri Devi Prasad R/O Nibu Char Moti Bazar, Haridwar P.S Kotwali Haridwar, Dist Haridwar …………..Respondents Shri B.D.Pande, Advocate present for the petitioner Shri M.A.Khan, Brief Holder, present for the State. Hon’ble Prafulla C. Pant, J. Heard (2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the order dated 20.04.2010, passed by Sessions Judge Haridwar in Criminal Revision No. 431 of 2009, Vimal Kumar vs. State, and order dated 08.10.2009 and 14.05.2008, passed by Chief Judicial Magistrate, Haridwar, in Misc. Case No. 23 of 2009 Ghanshyam vs. Vimal Kumar. 2 (3) Brief facts of the case are that the criminal complaint case no. 404 of 2008 was instituted by complainant Ghanshyam against the petitioner Vimal Kumar relating to offence punishable under section 138 of Negotiable Instruments Act, 1881. Said case was disposed of by the trial court in terms of compromise dated 24.02.2009 between the parties wherein the petitioner had agreed to pay Rs. 2,40,000/- to the complainant within one year i.e. by 24.02.2010. (4) It appears that the petitioner did not honour the term agreed by him, after the criminal complaint was dismissed against him. On the application of the complainant notices were issued and thereafter non-bailable warrants are issued against the petitioner. (5) Learned counsel for the petitioners submitted that the petitioner may be allowed to deposit the amount in two installments as his financial condition is not good. (6) Having heard learned counsel for the parties and after going through the papers on record, this court does not find any sufficient reason to interfere with the impugned order passed by the courts below. (7) The petition under section 482 of Cr.P.C., is dismissed with the observation that the petitioner is allowed to make payment of Rs. 2,40,000/- minus the amount already paid, within a period of 15 days from today, and the warrant issued 3 against the petitioner shall remain in abeyance for a period of 15 days. If the amount is not paid within 15 days non bailable warrant issued by the court vide order dated 14.10.2010 may be executed. (The stay application no. 560 of 2010 also stands disposed of). (Prafulla C. Pant, J.) Dt.09.6.2010 N.P