LALIT KAUSHAL Vs. YADVINDER KAUSHAL

JUDGEMENT

(1.) Lalit Kaushal, petitioner No.1 herein, is a convict in Criminal Complaint No. 9/3 of 2013, titled Yadvinder Kaushal vs. Ravinder Nath Tagore Memorial ITC and another, filed under Section 138 of Negotiable Instruments Act, 1881, (hereinafter in short 'NI Act'), wherein, vide judgment dated 30.5.2015, he has been convicted by learned Judicial Magistrate 1st Class, Kasauli and sentenced to undergo simple imprisonment till rising of Court under Section 138 of NI Act and to pay a sum of Rs.12 lacs

(2.) Order dated 30.6.2015, impugned herein, has been passed by the Appellate Court i.e. learned Sessions Judge, Solan wherein under Section 389 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.PC') sentence, imposed upon the petitioner, has been suspended, during pendency of appeal, subject to furnishing personal bond in the sum of Rs.20,000/- with one surety in the like amount within one month and also subject to deposit of 50% of compensation amount within four months from the date of order.

(3.) Petitioners are aggrieved from imposition of condition of deposit of 50% of amount of compensation on the ground that impugned order is without jurisdiction and against the provisions of Cr.PC.