ATUL KUMAR & ANOTHER Vs. MAHAN FIRE PROTECTION

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dated 5.11.2018, passed by learned Additional Sessions Judge-I, Solan (camp at Nalagarh), District Solan, H.P., in Cr.M.A No.60-NL-4/2018, titled as Atul Kumar versus M/s Mahan Fire Protection, whereby learned Additional Sessions Judge, while suspending the sentence imposed by learned trial Court, directed the petitioner-accused to deposit an amount of Rs. 10 lacs and furnish personal bond in the sum of Rs.50,000.00 with one surety in the like amount to the satisfaction of learned trial Court within a period of three weeks, petitioner-accused has approached this Court in the instant proceedings filed under Sec. 482 of the Code of Criminal Procedure, praying therein to modify the impugned order dated 5.11.2018.

(2.) In nutshell, the case of the petitioner-accused, as has been projected in the present petition before this court and argued by Mr. B.L.Soni, learned counsel for the petitioner is that a condition of depositing sum of Rs.10 lacs imposed by learned Additional Sessions Judge, while suspending the sentence imposed by the learned court below, is harsh and against the provisions contained under section 389 Cr.P.C.

(3.) Mr. M.A.Khan, learned Senior Advocate representing the respondent, while opposing the prayer made in the application, contended that there is no illegality and infirmity in the impugned order, rather same has been passed to safeguard and protect the interest of the respondent, who has been compelled to approach appropriate court of law by the applicant/accused for realization of his own money. He further contended that learned trial Court while holding applicant/accused guilty of having committed the offence punishable under Sec. 138 of the Negotiable Instruments Act, has convicted the accused and sentenced him to undergo simple imprisonment for six months and to pay compensation to the tune of Rs.5,50,00,000.00 and as such, condition of depositing a sum of Rs.10 lacs is reasonable and by no stretch of imagination can be said to be on higher side.