TEK RAM Vs. KAKA AND ASSOCIATES

JUDGEMENT

(1.) Challenge herein is to the order dated 9th Jan., 2012, passed by learned Sessions Judge, Kullu in criminal appeal No. 06/12, whereby the sentence imposed upon the petitioner by the learned trial Court under Sec. 138 of the Negotiable Instruments Act has been suspended, subject to his furnishing personal bond in the sum of Rs. 20,000.00 and also on depositing 50% of the amount of compensation in the trial Court.

(2.) It is canvassed that in an order of suspension of sentence under Sec. 389 Cr.P.C, no such condition can be imposed. Further ground that complainant is a firm indulged illegally in advancing loan contrary to the H.P. Debt Reduction Act, is not legally entitled to recover the amount under the disputed cheque.

(3.) The point that the complainant-Company is carrying on business of lending money contrary to the Act ibid and as such not entitled to recover the amount under Sec. 138 of the Negotiable Instruments Act, is a matter to be decided on merits by learned Lower Appellate Court seized of the appeal.