SHYAM DASS Vs. DINA NATH THAKUR

JUDGEMENT

(1.) The present petition has been preferred by the petitioner/accused (hereinafter referred to as 'the accused') under Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India for quashing, modifying and setting aside the impugned order dated 12.4.2016, passed in application under Section 389 of the Code of Criminal Procedure, 1973, in Criminal Appeal No.8/2016, whereby the learned Sessions Judge, Kullu, directed the accused to deposit the remaining 50% of the compensation amount.

(2.) Brief facts giving rise to the present petition are that respondent/complainant (hereinafter referred to as the 'complainant') maintained a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act') against the accused. The learned trial Court convicted and sentenced the accused to undergo simple imprisonment for a period of one year for an offence punishable under Section 138 of the Act and also awarded compensation of Rs. 5,25,000/- under Section 357 (3) of the Code of Criminal Procedure, 1973 to the complainant. Thereafter, the accused filed an appeal under Section 374 (3) (a) of the Code of Criminal Procedure, 1973, before the learned Sessions Judge, Kullu, District Kullu, H.P, and an application under Section 389 of the Code of Criminal Procedure, 1973 was also moved by the accused for suspension of the sentence, which was allowed by the learned Sessions Judge, Kullu, directing the accused to deposit 50% of the compensation amount within a period of one month from the date of order and the remaining 50% within a period of three months alongwith other conditions.

(3.) By way of this petition, the accused is assailing the order directing him to deposit balance 50% amount within a period of three months on the ground that he is directed to deposit whole of the amount, which is contrary to the findings given in the application by the learned lower Appellate Court. However, as per the petitioner, he has already deposited 50% amount within one month, as ordered by the learned lower Appellate Court.