DAVINDER SHARMA Vs. RAAJZ ENTERPRISES

JUDGEMENT

(1.) The prayer in the present petition under Sec. 482 Cr.P.C. is for the quashing/setting aside the order dtd. 3/2/2022 passed by the Court of Additional Sessions Judge, Amritsar (Annexure P-1) in a case bearing No.CRA 6/2022 arising out of the judgment dtd. 6/1/2022 passed by the Judicial Magistrate Ist Class, Amritsar in complaint No.7779 of 2017 (annexure P-2) to the extent whereby the petitioner was directed to deposit 20% of the compensation amount as a pre-condition for suspension of his sentence during the pendency of the appeal.

(2.) The brief facts of the case are that the petitioner came to be convicted by the Court of Judicial Magistrate Ist Class, Amritsar in a case titled as 'Raajz Enterprises Versus Babita Sharma and another ' on 6/1/2022. He was convicted and sentenced as under:-

(3.) The appellant (petitioner herein) filed an appeal under Sec. 374 Cr.P.C. against the said judgment dtd. 1/1/2022. Alongwith the appeal, the petitioner (appellant therein) moved an application seeking suspension of sentence. The Lower Appellate Court vide the impugned order dtd. 3/2/2022 ordered that the operation of the substantive sentence of imprisonment awarded to the appellant would remain suspended subject to the appellant 's furnishing bail bonds and surety bonds to the satisfaction of the Trial Court/Duty Magistrate within 15 days from that date and subject to the further condition that in terms of Sec. 148 of the Negotiable Instruments Act, the appellant (petitioner herein) would deposit 20% of the amount of the compensation imposed by the Trial Court within a period of 15 days from the date of the order.