DEVI LAL Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Notice. Mr. Arvind Sharma, learned counsel, appears and waives service of notice on behalf of the respondent. With the consent of learned counsel for the parties, the matter is heard at this stage.

(2.) The petitioner was accused in the proceedings initiated by the respondent-Bank under Sec. 138 of the Negotiable Instruments Act, 1881 (in short 'N.I. Act') before the learned Trial Court. Vide judgment dtd. 10/1/2023, learned Trial Court convicted the petitioner for the aforesaid offence. The petitioner was sentenced to undergo simple imprisonment for a period of six months and to pay compensation of Rs.5,50,000.00 to the complainant. In default of payment of compensation amount, he was to undergo further simple imprisonment for two months.

(3.) The petitioner preferred an appeal against the judgment of conviction and order of sentence dtd. 10/1/2023. Alongwith the appeal, the petitioner moved an application for suspension of sentence. Learned Appellate Court on 13/2/2023, suspended the sentence imposed upon the petitioner. The order was, however, subject to deposit of 40% of the compensation amount by the petitioner and thereafter furnishing personal bond in the sum of Rs.3,00,000.00 by him with one surety in the like amount to the satisfaction of the learned Trial Court. The grievance of the petitioner in the instant petition pertains to the condition of deposit of 40% of the compensation amount levied upon him under the impugned order dtd. 13/2/2023 for suspension of sentence by the learned Appellate Court.