SURESH CHHABRA Vs. MAHINDRA MAHINDRA LTD.

JUDGEMENT

(1.) In this petition under Sec. 482 of the Code of Criminal Procedure, the petitioner has challenged the direction issued in the order dtd. 30/1/2023 by learned 1st Additional Sessions Judge, Damoh in Criminal Appeal No.08.2023 whereby lower appellate Court has directed the petitioner along with co-accused person to pay 20% of the sum i.e. Rs.1,60,79,750.00 within a period of sixty days as a condition for suspension of sentence.

(2.) In this case the trial Court vide judgment dtd. 26/12/2022, convicted the petitioner and co-accused person for offence punishable under Sec. 138 of the Negotiable Instruments Act and sentenced them for R for 1 year and to pay a sum of Rs.1,60,79,750.00 to the complainant.

(3.) The petitioner along with co-accused filed an appeal before the lower appellate Court wherein an application under Sec. 389 of the Cr.P.C. was filed. The lower appellate Court while deciding the aforesaid application vide impugned order dtd. 30/1/2023 suspended the sentence imposed on the accused person subject to the condition that in view of Sec. 148 of the NI Act, the accused persons shall deposit 20% of the amount in question within sixty days.