SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred by the petitioner against the order dated 21.01.2013 passed by the District and Sessions Judge, Chittorgarh, whereby the District and Sessions Judge, Chittorgarh imposed a condition of depositing Rs. 40,000/ - while suspending the sentence of the petitioner on an application preferred under Section 389(1) Cr.P.C. Brief facts of the case are that the Additional Chief Judicial Magistrate No. 1, Chittorgarh in Criminal Case No. 594/2011 has convicted the petitioner for the commission of offence punishable under Section 138 of Negotiable Instrument Act and sentenced him for one year's simple imprisonment and further directed to pay a compensation of Rs. 1,60,000/ - vide judgment dated 03.01.2013.

(2.) BEING aggrieved with the judgment dated 03.01.2013 the petitioner has preferred an appeal under Section 374 Cr.P.C. before the District and Sessions Judge, Chittorgarh. Along with aforesaid appeal, an application under Section 389(1) Cr.P.C. was also preferred for suspension of sentence awarded by the learned trial court. The District and Sessions Judge, Chittorgarh has allowed the application for suspension of sentence while imposing the pre condition of depositing Rs. 40,000/ -. The petitioner has challenged the imposition of condition of depositing Rs. 40,000/ - by way of this Criminal Misc. Petition.

(3.) LEARNED counsel for the petitioner has placed reliance upon the judgment of this Court passed in case of Bhagwati Sahay Katriya v. State of Rajasthan & Anr. Reported in : 2010 (1) Cr.L.R. (Raj.) 684 and submitted that this Court has categorically held in above mentioned case that no such condition can be imposed by the appellate court while exercising powers under Sub -Section (1) of Section 389 Cr.P.C.