Order 7

Order Details: COPY OF ORDER
Pdf Text: 11 CA / 203/2024
YOGENDER NATH SHARMA
Vs.
STATE
05.12.2024
Present: Appellants / accused persons with Ld. Counsel Sh. Naveer
Dabas.
Chaudhary Rajender Singh and Sh. Sandeep Kumar, Ld.
Counsels for the complainant.
Sh. Jitendra Sharma, Ld. Addl. PP for the State / respondent.
A preliminary objection has been raised by Ld. Counsel for the
complainant upon the maintainability of the present appeal, primarily on the
ground, that as per order dated 29.08.2024, Ld. Trial Court had directed the
appellants to deposit the compensation amount of Rs.80,000/- (Rs.20,000/-
by each accused / appellant) with DLSA within two weeks, but the same
was not deposited, rather, the present appeal was preferred without
depositing the said amount. It is further submitted that it was only upon the
pointing out of the fact that the aforesaid amount has not been deposited by
the appellants in terms of directions passed by Ld. Trial Court, that
directions were passed by this Court to deposit the amount by way of an
FDR.
Ld. Counsel for complainant has submitted that, though, the
directions were to deposit the amount with DLSA, but the same has been
deposited in the Court by way of FDR, that too, after the expiry of two
weeks, hence, the present appeal is not maintainable.
In this regard, it may be observed that it is correct that the
compensation amount was not deposited with DLSA within two weeks, as
directed by the Ld. Trial Court and that upon the directions of Ld.
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Predecessor of this Court vide order dated 25.09.2024, the same has been
deposited in the Court by way of an FDR of the aforesaid amount, drawn at
Bank of Baroda on 26.09.2024. In the opinion of this Court, the deposit of
the compensation amount by way of FDR in this Court, is more beneficial
to both the sides as the said amount will earn interest upon the same,
whereas the amount if deposited with DLSA, would not have earned any
interest. Therefore, the said argument does not have any merits and the
same is rejected.
Accordingly, the Court proceeds to hear the present appeal on
merits.
Arguments on the appeal heard.
During course of arguments, a clarification was also sought
regarding the status of cross-FIR and it was informed by Ld. Counsels for
both the sides that the complainant and co-accused persons (accused in
cross-FIR) were acquitted in the cross-FIR and there is no appeal pending
against the order of acquittal.
Now, to come up for order on 10.12.2024.
(Saurabh Partap Singh Laler)
Special Judge (NDPS Act),
Shahdara, Karkardooma Courts
Delhi/05.12.2024
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