SHAILA P PRABHU Vs. NAGENDRA K MALLYA

JUDGEMENT

(1.) THE petitioner herein who is appellant in Criminal Appeal No. 1407/2005 pending on the file of the learned Additional district and Sessions Judge/fast Track court Hall No. 7, Bangalore city has sought for setting aside/modification of the order dated 8-11-2005 passed by the said Court, by which, a condition is imposed on the petitioner to deposit 25% of the cheque amount, while suspending the sentence passed by the trial Court.

(2.) THE petitioner herein is convicted in c C. No. 15062 of 2003 by the 19th additional Chief Metropolitan Magistrate, bangalore by the Judgment and order dated 28-10-2005 for the offence punishable u/s. 138 of the Negotiable Instruments Act. She s sentenced to pay fine of Rs. 90,00,000/- and to undergo simple imprisonment for two years Out of the fine amount, a sum of Rs. 89,00,000/- is ordered to be paid to the complainant as compensation. It is relevant to mention here itself that the amount involved in the cheque is Rs. 65,00,000/ -. Against the said judgment and order of conviction, the petitioner herein has filed Criminal appeal No. 1407/2005. The order of suspension of sentence passed by the appellate court in said criminal appeal reads thus :

(3.) SMT Nalini Chidambaram, learned senior counsel appearing on behalf of the petitioner, placing reliance on the Judgment of the Apex Court in the case of Pankajbhai najibhai Patel v. State of Gujarat and another, reported in (2001) 2 SCC 595 : (AIR 2001 SC 567) submitted that the judgment and order of conviction and sentence passed by the trial Court is without jurisdiction, inasmuch as, the Magistrate cannot impose fine in excess of Rs. 5,000/- Secondly she submitted that the appellate Court could not have imposed the aforesaid condition requiring the appellant-petitioner herein to deposit 25% of the cheque amount, as the order of the trial Court does not fall u/s. 357 (3) of cr. P. C.