RAVINDRA RAMAVTAR SHARMA Vs. SHAIKH KAYYUM ABDUL HAMID

JUDGEMENT

(1.) RULE . By consent, Rule made returnable forthwith. The learned counsel for the respondent waives service. By consent, heard finally.

(2.) THE petitioner has been convicted of an offence punishable under section 138 of the Negotiable Instruments Act, on a complaint filed by the respondent herein. He has been sentenced to suffer simple imprisonment for a period of three months and to pay a compensation of Rs.12,68,000/ - which appears to be the amount of the cheque within a period of one month from the date of the judgment and order delivered by the Magistrate i.e. 12.06.2012. The appeal filed by the petitioner challenging his conviction and sentence imposed upon him has been admitted by the Court of Sessions and the substantive sentence imposed upon the petitioner was suspended, on the basis that the petitioner would deposit the 50% of the amount of compensation, as ordered by the trial Court. The petitioner showed his inability to pay that much amount and submitted that he might be permitted to deposit only amount of Rs. 1,50,000/ -, and that, on deposit of the said amount, the substantive sentence imposed upon him be suspended. On this, the appellate Court directed amount to be deposited to be reduced to Rs. 3,25,000/ -. Now by the present Petition, the petitioner is challenging the order requiring deposit an amount of Rs. 3,25,000/ - as condition, on which the suspension of the substantive sentence would be ordered during the pendency of the appeal.

(3.) IT is directed accordingly.