IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No. 346 of 2010 Smt. Darshana Rani Kapoor W/o Shri Yashpal Kapoor R/o 861-A, Chandiwali, Gali Paharganj, Delhi. ………..…Applicant. Versus 1. State of Uttarakhand through the Secretary of Home, Civil Secretariat, Dehradun. 2. Smt. Pawan Oberoi w/o Shri Vipin Oberoi R/o 14/19, Old Survey Road, Police Station Dalanwala, Dehradun ..……Respondents. Shri Pawan Mishra, Advocate, present for the petitioner. Shri M.A. Khan, Brief Holder, present for the State/respondent No. 1. Hon’ble Prafulla C. Pant, J. By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973(for short Cr.P.C), the petitioner has challenged the condition imposed by the Sessions Judge, Dehradun, in criminal appeal No. 23 of 2010, Darshana Rani Kapoor vs. State, for staying the recovery of compensation directed to be paid by the trial 2 court (Additional Chief Judicial Magistrate, II, Dehradun) vide its judgment and order dated 03.04.2010, in criminal case No. 113 of 2010. 2. Heard learned counsel for the parties. 3. Brief facts of the case are that the respondent No. 2/complainant filed the criminal complaint against the petitioner for her trial in respect of offence punishable under section 138 of Negotiable Instruments Act, 1881. The trial court vide its order dated 03.04.2010, passed in criminal complaint case No. 116 of 2010, convicted the petitioner under section 138 of Negotiable Instruments Act, 1881 and sentenced her to simple imprisonment for a period of one year and also directed her to pay fine of Rs. 5,000/- and compensation amounting Rs. 1,50,000/- Against the said order a criminal appeal No. 24 of 2010, was filed, which was admitted by the Sessions Judge vide its order dated 12.04.2010 and bail was also granted. But for stay of the amount of compensation it was directed by the appellate court that 50% of the amount of compensation shall be 3 deposited before the trial court. The petitioner is aggrieved by said condition. 4. Having considered the submissions of the learned counsel for the petitioner and after going through papers on record the condition imposed by the appellate court is modified to the extent that on petitioners depositing 1/3 of compensation (Rs. 50,000/- ) before the trial court within a period of fifteen days from today, the recovery in respect of remaining amount of compensation (Rs. 1,00,000/-) shall remain stayed. It is further observed that the amount so deposited shall not be withdrawn by the complainant till the disposal of the appeal or interim order passed by the appellate court, whichever is earlier. The petition under section 482 of Cr.P.C. stands disposed of. (Prafulla C. Pant, J.) Dt:26.04.2010 parul 4