TARLOCHAN SINGH Vs. SOHAN LAL SHARMA

JUDGEMENT

(1.) This petition is directed against the order dtd. 29/9/2021 (Annexure P-2) passed by the Sessions Judge, Panchkula whereby the petitioner has been directed to deposit 25% of the compensation amount i.e. Rs.12,50,000.00 by way of a demand draft or in the nature of a bank guarantee in favour of the complainant/respondent on or before 29/11/2021.

(2.) Learned counsel for the petitioner contends that the petitioner had been convicted under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, 'the NI Act'). The petitioner had preferred an appeal there against and the Appellate Court by the order dtd. 24/2/2020 (Annexure P-1) had suspended the sentence of the petitioner and also recorded that no compensation had been awarded by the trial Court. This order has been reviewed by the Appellate Court while passing the impugned order by directing the petitioner to pay 25% of the compensation amount. He further contends that such a condition could only be imposed if the trial Court had awarded compensation vide order dtd. 23/1/2020. He further contends that once the order has been passed by the Appellate Court, it could not be reviewed or modified later in terms of the bar under Sec. 362 Cr.P.C.

(3.) Heard.