The High Court modified an appellate order suspending sentence for cheque dishonour, directing the petitioner to deposit 20% of the cheque amount instead of the compensation amount pending appeal.
Impugned order modified to direct deposit of 20% of cheque amount instead of compensation amount pending appeal.
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[2023/RJJD/012154]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 360/2023
Ram Lal Jat S/o Balu Lal Jat, Aged About 45 Years, B/c Jat, R/o Village - Hajya Khedi, Tehsil Badhesar, District Chittorgarh (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr.Budha Ram Choudhary, Adv. For Respondent(s) : Ms.Anita Gehlot, PP Mr.Ashok Khilery, Adv.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
26/04/2023
The instant misc. petition has been filed by the petitioner against the order dated 18.10.2022 passed by the learned Additional Sessions Judge No.1, Chittorgarh in Criminal Appeal No.128/2022 whereby the appellate court while suspending the sentence for offence under Section 138 N.I. Act pending appeal, has directed the petitioner to deposit Rs.86,000/- i.e. 20% of the total compensation/fine amount of Rs.4,30,000 imposed by the trial court.
Learned counsel for the petitioner submits that the appellate court has ordered to pay 20% of the total fine amount imposed by the trial court while suspending the sentence of the petitioner. The petitioner is a poor person and he is ready to deposit 20% of the
[2023/RJJD/012154]
[CRLMP-360/2023]
(2 of 2)
cheque amount. He prays that the order passed by the learned appellate court may be modified to the extent the learned Judge has directed the petitioner to deposit 20% of the compensation amount.
Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer of the petitioner.
I have heard learned counsel for the petitioner and perused the impugned order.
Having considered the facts and circumstances of the case, in the interest of justice, the impugned order dated 18.10.2022 passed by the learned Additional Sessions No.1, Chittorgarh is modified and the petitioner is directed to deposit 20% of the cheque amount as a condition precedent to suspension of sentence pending appeal instead of 20% of the compensation amount, within a period of one month from today.
The misc. petition is disposed of accordingly. Stay petition also stands disposed of.
(MANOJ KUMAR GARG),J
195-NK/-
1 issue framed by the court
Whether the 20% deposit condition precedent to suspension of sentence under Section 138 N.I. Act should be on fine/compensation amount or cheque amount.
1 provisions across 1 enactments
Ram Lal Jat
State Of Rajasthan
Pratap Singh Saktawat
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
