NANDLAL DIGERSE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 of the Crimial P.C. has been filed by the accused/appellant Nandlal upon being aggrieved by a condition imposed by the Court of First Additional Sessions Judge, Chhindwara while passing the order for suspension of sentence under Sec. 389 (1) of the Code of Criminal Procedure in Criminal Appeal No.214/2015.

(2.) The facts necessary for disposal of this miscellaneous criminal case are as follows: Respondent/complainant Gopal Oil Industries Pandurna filed a complaint under Sec. 138 of the Negotiable Instruments Act against accused/petitioner Nandlal alleging dis-honour of two cheques in the sum of Rs. 1,65,000.00 and 2,25,000.00 respectively, issued by the petitioner.

(3.) After the trial, Judicial Magistrate First Class Pandurna, District Chhindwara convicted the petitioner under Sec. 138 of the N.I. Act and imposed simple imprisonment for a period of 6 months and a compensation in the sum of Rs. 6,15,000.00. He was further directed to undergo simple imprisonment for a period of 4 months in default of payment of fine. The petitioner/accused preferred an appeal against the judgment dated 8.9.2015 in the Court of First Additional Sessions Judge, Chhindwara and also filed an application under Sec. 389 (1) of the Crimial P.C. for suspension of sentence as also for suspension of payment of amount of compensation till disposal of the appeal. By impugned order dated 6.10.2015, learned First Additional Sessions Judge, Chhindwara suspended the execution of sentence and realization of 80% of the amount of compensation on the condition that petitioner shall deposit 20% of the amount of compensation till 4.11.2015.