RISHI SHARMA Vs. PRINCE THAKUR

JUDGEMENT

(1.) Having regard to the nature of the order proposed to be passed in the given facts and circumstances of the case, this Court deems it not necessary to issue notice to the respondent and as such, same is dispensed with.

(2.) Being aggrieved and dissatisfied with the order dated 19.7.2019, passed by learned Additional Sessions Judge-I, Una, (Circuit Court camp at Amb) District Una, H.P., in Criminal miscellaneous application No.298/2019, whereby learned Appellate Court while allowing the application for suspension of sentence awarded by learned Judicial Magistrate, 1st Class, Court No.II, Amb, District Una, H.P. vide judgment/order of conviction/sentence dated 24.5.2019/19.6.2019, passed in complaint No.195-I-11/35-II2012, directed the petitioner-accused (hereinafter 'accused') to deposit a sum of Rs.1, 16,000/- in the trial Court towards part realization of the compensation, within a period of 30 days, accused has approached this Court in the instant proceedings filed under Section 482 of Cr.P.C, praying therein to set-aside the aforesaid impugned order.

(3.) In nutshell, grouse of the petitioner-accused is that bare perusal of Section 389 Cr.P.C, nowhere suggests that Appellate Court while considering the application for suspension of sentence, is necessarily required to issue direction to the person in appeal for depositing amount of compensation, if any, awarded by the learned trial Court.