LAWS(HPH)-2000-3-16

FATEH DEEN Vs. BASHIR AHMAD

Decided On March 01, 2000
FATEH DEEN Appellant
V/S
BASHIR AHMAD Respondents

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure is directed against the order dated 16.9.1999 passed by the learned Additional Sessions Judge, Solan camp at Nalagarh whereby the execution of sentence of fine imposed on the Petitioner-accused (here-in-after referred to as the accused) has not been suspended.

(2.) I have heard the learned Counsel for the parties and have also gone through the relevant records.

(3.) The undisputed facts of the matter are that the Petitioner-accused has been convicted by the learned Sub Divisional Judicial Magistrate, Nalagarh under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act) vide judgment dated 30.8.1999 and has been sentenced to simple imprisonment for a period of six months and fine of Rs. 80,000/-. Against he said conviction and sentence the Petitioner has preferred an appeal which is pending disposal in the Sessions Court. At the time of filing the appeal the accused preferred an application for suspension of sentence and vide order dated 16.9.1999 the learned Additional Sessions Judge, Solan suspended the execution of the sentence of imprisonment only and that of the fine was not suspended.