MANJU TANWAR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition, filed under Sec. 482 of Cr.P.C. is for quashing of the impugned order dtd. 16/3/2018 (Annexure P-4), passed in CRA No. 244 dtd. 19/5/2017, whereby, while granting bail to the petitioner, the lower Appellate Court also required the petitioner to deposit the remaining amount of cheque involved in the case; for dishonouring of which the petitioner has been convicted.

(2.) Counsel for the petitioner submits that while filing application for suspension of sentence, the petitioner had already deposited a sum of Rs.2,00,000.00 with the Court and the same was handed over to the complainant. The total amount of the cheque, for dishonouring of which, the petitioner has been convicted, is Rs.6,81,779.00. Vide the above said order, although the lower Appellate Court accepted the bail bonds of the petitioner and released her on bail, however, the condition was also imposed that the case was being adjourned for making remaining payment of the cheque amount by the petitioner.

(3.) Counsel for the petitioner further points out that, thereafter, the case was adjourned to 28/5/2018 and then the case was again adjourned to 21/7/2018 for making payment of the remaining amount. However, counsel for the petitioner has contended that warrants of arrest have been issued by cancelling the bail granted to the petitioner and then the case was fixed for 18/9/2018. It is contended by counsel for the petitioner; that the insistence of the Court below for paying remaining amount of cheque is totally impermissible. Since the petitioner is in the first appeal before the Court, therefore, she cannot be forced to deposit the entire amount of the cheque by the lower Appellate Court. Although, the Court can ask to deposit some amount for granting concession of suspension of sentence to the petitioner, however, that amount should not be unreasonable and in any case, it cannot be the total amount of the cheque involved in the case.