ABDUL RAHIM Vs. SHAHUL HAMEED

JUDGEMENT

(1.) This petition has been filed challenging the order passed by the Court below imposing a condition while suspending the sentence of the petitioner deposit 20% of the cheque amount to the credit of the calender case within a period of 60 days from the date of the order.

(2.) The respondent filed a complaint against the petitioner for offence under Section 138 of the Negotiable Instruments Act. The trial Court, on appreciation of the oral and documentary evidence, convicted the petitioner by judgment dated 02.12.2019 and sentenced the petitioner to undergo one year simple imprisonment and also directed the petitioner to pay Rs.87,00,000/- as compensation to the respondent within a period of one month and in default to undergo three months simple imprisonment.

(3.) Aggrieved by the above judgment, the petitioner filed an appeal before the learned Principal Sessions Judge, Chennai in CA.No.443 of 2019. Along with the appeal, the petitioner also filed a petition for suspension of sentence. The Appellate Court, on going through the materials placed before it, suspended the sentence by an order dated 02.01.2020 by imposing certain conditions. One of the condition imposed by the Court below was that the petitioner should deposit 20% of the cheque amount within a period of 20 days from the date of order. The petitioner is aggrieved by the condition imposed by the Court below and hence, the present petition has been filed before this Court.