HARIOM VANI Vs. MUNNALAL MAHESHWARI

JUDGEMENT

(1.) HEARD finally with the consent of both the parties. This is a petition filed under Section 482 of Cr. PC, for quashment of an order passed by Additional Sessions Judge, Kukshi, Distt. Dhar in Criminal appeal No. 58/2007 on 20-3-2007, whereby while allowing the application filed under Section 389 (1) of Cr. PC, for suspension of sentence, a condition was imposed that sentence would be suspended only after depositing the amount of fine. The grievance of the present petitioner is only against imposition of such condition.

(2.) LEARNED Counsel for petitioner submitted that present petitioner has been found guilty by the Trial Court for the offence punishable under section 138 of Negotiable Instrument Act and has been sentenced with rigorous Imprisonment for one year and to pay a fine of Rs. 6,00,000/- (Rupees six lacs ). It has further been ordered that the petitioner would have to undergo r. I. for three months in default of payment of fine amount. This judgment of conviction and order of sentence has been challenged by the present petitioner before Additional Sessions Judge. Kukshi along with an application for suspension of sentence. This application was allowed, but while allowing that application learned Additional Sessions Judge unnecessary and illegally imposed a very harsh condition for suspension of sentence and ordered that amount of fine should be deposited first.

(3.) LEARNED Counsel for the petitioner further submitted that the condition imposed by learned Additional Sessions Judge, while passing the order of suspension of sentence is not according to the public policy and he was having full power to suspend the whole of the sentence imposed by the Trial court against the present petitioner, including the sentence of fine. Learned counsel further submitted that sentence of fine should also have been suspended by the Appellate Court and by not suspending that part of the sentence illegality has been committed by the Appellate Court.