Order 12/03/2025

1. The petitioner was tried for committing an offence under Section 138 of NI Act. He preferred an appeal along with an application under Section 389 of Cr.P.C. The learned Court of Appeal allowed the application but with a stipulation to deposit 20% of fine amount which was supposed to be deposit within a period of 60 days from 06.04.2024. Owing to some inevitable circumstances, he abstained from depositing the said amount and, therefore, taken into custody. Taking into account the totality of facts and circumstances of the case and the submission that the appellant has a strong case, there is likelihood of his success in the appeal and taking guidance from the judgment passed by Hon'ble the Supreme Court in the case of Jamboo Bhandari Vs. M.P. State Industrial Development Corporation Ltd. reported (Downloaded on 13/03/2025 at 09:55:05 PM) [2025:RJ-JD:13931] (2 of 2) [CRLMP-2050/2025] (2023) 10 SCC 446, it is deemed appropriate to dispose of the instant misc. petition with the following the conditions:-

2. Accordingly, the instant misc. petition as well as stay petition is disposed of.

(FARJAND ALI),J 275-divya/-

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