The acquittal order must be complied with unless an interim stay is issued; trial Court's refusal to release funds was improper.

ORDER :

(Nupur Bhati, J.)

The present misc. petition has been filed under Section 482 Cr.P.C. against the order dated 22.02.2021 passed by learned Addl. Chief Judicial Magistrate, Sangaria, Hanumangarh.

2. Learned counsel for the petitioner submits that a complaint was filed under Section 138 of the Negotiable Instruments Act before the Court of the Additional Chief Judicial Magistrate, Sangaria against the petitioner while alleging that the petitioner had borrowed a sum of Rs. 5 lacs from the complainant and thereafter a cheque was issued by the petitioner for the sum of Rs. 5 lacs which was dishonoured due to insufficient balance in his account. Learned counsel further submits that the matter was examined by the Court below for the offence under Section 138 of NI Act and the petitioner was convicted and sentenced for one year of simple imprisonment vide judgment and sentence dated 03.09.2019 passed by Addl. Chief Judicial Magistrate, Sangaria. The petitioner preferred an appeal against the judgment dated 03.09.2019 before the Additional Sessions Judge, Sangaria, Hanumangarh which was allowed vide judgment dated 05.01.2021 while acquitting the petitioner and the judgment and sentence dated 03.09.2019 was quashed and set aside. Learned counsel also submits that the Appellate Court had further directed that 20 per cent of the total amount of Rs. 6.63 lakhs i.e. Rs. 1,32,600/- which was deposited before the trial Court be refunded to the present petitioner. Thereafter, the requisition was issued by the Appellate Court to the trial Court for compliance of the order dated 05.01.2021 passed by the Additional Sessions Judge, Sangaria but the trial Court vide order dated 22.02.2021 had denied to release the said amount in favour of the petitioner on the ground that a Criminal Leave to Appeal No.32/2021 titled as Sahib Singh v. State of Rajasthan has been filed by the complainant before the Hon'ble High Court, Jodhpur against the acquittal of the petitioner which is pending. Learned counsel also submits that in the said leave to appeal the Hon'ble High Court has issued notices and record has been called for however, no interim order has been passed.

3. Learned Public Prosecutor submits that notices have been served upon the respondent No.1-Sahib Singh.

4. Having regard to the facts and circumstances of the case, this Court is of the view that vide judgment dated 05.01.2021, the Appellate Court while acquitting the petitioner had categorically directed that the amount of Rs. 1,32,600/- be released in favour of the petitioner which has been deposited by the petitioner before the learned Court below and in the leave to appeal preferred by the complainant bearing No.32/2021, there is no interim order operating in favour of the complainant, thus, the learned Court below is directed to release the amount of Rs. 1,32,600/- in favour of the petitioner at the earliest in compliance of the order dated 05.01.2021 passed by the learned Additional Sessions Judge, Sangaria, Hanumangarh. The impugned order dated 22.02.2021 passed by Additional Chief Judicial Magistrate, Sangaria is quashed and set aside.

5. The present misc. petition is allowed with the aforesaid directions. Stay petition is disposed of.