ASHWANI KUMAR Vs. RAGHUVEER SINGH

JUDGEMENT

(1.) By way of present petition filed under Sec. 482 Cr.P.C., prayer has been made for setting aside of the order dtd. 3/3/2023 (Annexure P-2) passed by Ld. Addl. Sessions Judge, Fazilka whereby, the petitioner has been directed to deposit 20% of the compensation amount within a period of 60 days.

(2.) On account of dishonour of cheque No.184517 dtd. 2/2/2019, the respondent filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and upon trial thereof the petitioner was convicted vide judgment dtd. 15/2/2023 with further direction to undergo sentence of simple imprisonment for a term of two years and was ordered to pay the compensation of Rs.14,50,000.00 and in default thereof to further undergo simple imprisonment for a term of three months.

(3.) Aggrieved thereof, petitioner filed first appeal wherein, the appellate Court while issuing notice and passing orders of suspension of sentence in favour of petitioner on 30/3/2023, directed him to deposit 20% of the compensation amount as awarded by the trial Court to be made within a period of 60 days and in addition, the suspension of sentence was made subject to the aforesaid deposit. It is the said order passed by the first appellate Court which has been impugned by way of present petition.