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Sajidur Rahman vs Rajiv Kashyap on 14 September, 2015

Bench: J. Chelameswar, Abhay Manohar Sapre

     ITEM NO.21                            COURT NO.6              SECTION II

                               S U P R E M E C O U R T O F     I N D I A
                                       RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)...... CRLMP              No(s).
     15257/2015

     (Arising out of impugned final judgment and order dated 21/11/2014
     in CRLRP No. 500/2014 passed by the High Court Of Delhi At New
     Delhi)

     SAJIDUR RAHMAN                                                  Petitioner(s)

                                                  VERSUS

     RAJIV KASHYAP AND ANR                                           Respondent(s)

     (with appln. (s) for c/delay in filing slp)

     Date : 14/09/2015 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE J. CHELAMESWAR
                         HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

     For Petitioner(s)             Mr. R. Venkataramani, Sr. Adv.
                                   Mr. S.M. Jadhav, Adv.
                                   Mr. Anshuman Animesh, Adv.
                                   M/s. S.M. Jadhav & Company,Adv.

     For Respondent(s)

                         UPON hearing the counsel the Court made the following
                                             O R D E R

Delay condoned.

The petitioner is an accused in a prosecution under Section 138 of the Negotiable Instruments Act. He drew a cheque sometime in the year 2008 in favour of the first respondent. The cheque bounced and hence the prosecution.

The trial Court held the petitioner guilty and sentenced him to rigorous imprisonment for a period of 8 months with a direction to pay compensation of Rs. 22,20,000/- within one month failing which the petitioner was directed to further undergo imprisonment of 6 months.

The petitioner appealed before the Sessions Digitally signed by Deepak Mansukhani Date: 2015.09.14 Court unsuccessfully. He carried the matter before the 22:00:52 IST Reason: High Court by a revision. While admitting the revision, the High Court directed the petitioner to submit the entire amount of compensation within a period stipulated by the order. The petitioner did not comply with the order. Hence, the impugned order.

When the matter is taken up, the learned counsel for the petitioner submitted that he is prepared to deposit an amount of Rs. 7 lakhs within the next 24 hours and a balance amount within a period of 4 weeks and prayed that his revision petition be heard by the High Court on merits.

In the circumstances, we deem it appropriate to grant the prayer of the petitioner subject to the condition that the petitioner deposits an amount of Rs. 7 lakhs by tomorrow, i.e. September 15, 2015 before the Registry of the High Court and the balance amount of Rs. 15,20,000/- within a period of four weeks from today. On such deposit, the revision petition shall be restored and shall be disposed of in accordance with law.

It appears that the petitioner is in jail. On the deposit of Rs. 7 lakhs as indicated above, the petitioner shall be enlarged on bail to the satisfaction of the trial Court.

The special leave petition stands disposed of accordingly.

(DEEPAK MANSUKHANI)                      (INDU BALA KAPUR)
 COURT MASTER                              COURT MASTER