SHAMA NAND Vs. NITIN KHOSLA

JUDGEMENT

(1.) The present revision petition is directed against the order dated 22.10.2012, passed by the learned Additional Sessions Judge, Panchkula, whereby, the appeal preferred by the petitioner against his conviction under Section 138 of the Negotiable Instruments Act, read with Section 420 of the Indian Penal Code, vide order dated 27.09.2012, passed by the learned Judicial Magistrate 1 st Class, Panchkula, was registered and the sentence of imprisonment was ordered to be suspended subject to the precondition that the petitioner shall deposit 1/3rd of the compensation, so awarded by the trial Court, within 15 days therefrom.

(2.) The learned counsel for the petitioner, inter alia, contends that the direction to deposit the 1/3rd compensation amount as a precondition for bail is in contravention with the Statute and thus, deserves to be set aside. The learned counsel has placed reliance on a decision rendered by Hon'ble the Apex Court in Dilip S. Dahanukar Vs. Kota Mahindra Co. Ltd., 2007 2 RCR(Cri) 636 to contend that the payment of compensation would automatically remain suspended during the pendency of the appeal, as the right to appeal is a fundamental right, which can neither be interfered with or impaired, nor it can be subjected to any condition.

(3.) On the other hand, the learned counsel for the respondents jointly submit that the impugned order does not suffer from any illegality or perversity inasmuch as the learned Appellate Court did not impose any condition while entertaining the appeal and that the condition of payment of 1/3rd amount of compensation has been imposed as a precondition to the grant of suspension of sentence.