SUNITA GUPTA Vs. MANOJ KUMAR MITTAL

JUDGEMENT

(1.) Instant revision has been filed challenging the impugned order dated 02.06.2014 filed by Additional Sessions Judge, Hisar whereby sentence of petitioner has been suspended during pendency of the appeal by imposing a condition on the petitioner to deposit Rs. 10 lacs i.e. 1/6th of total compensation before the trial Court within one month failing which her bail would be deemed to be cancelled.

(2.) I have heard learned counsel for the petitioner, respondent present in person in Court and perused the record.

(3.) The petitioner has preferred an appeal against the judgment of conviction dated 03.05.2014 and order of sentence dated 06.05.2014 passed by Judicial Magistrate Ist Class, Hisar whereby she has been convicted under Section 138 of N.I. Act and sentenced to undergo rigorous imprisonment for a period of one year. Further, it has been ordered that accused-petitioner shall pay the cheque amount i.e. Rs. 60 lacs to complainant. In appeal, the petitioner filed an application under Section 389 Cr.P.C whereby her sentence has been ordered to remain suspended during pendency of appeal, subject to depositing an amount of Rs. 10 lacs i.e. 1/6th of total compensation before the trial Court within one month.