MUKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Grievance of the petitioner herein is against the order dtd. 24/4/2024, passed by the learned Additional Sessions Judge No.3, Bhilwara camp Mandalgarh in Criminal Appeal No.82/2024, whereby the application filed by petitioner/accused under Sec. 389 Cr.P.C. in a pending appeal against his conviction under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'N.I. Act') was allowed subject to petitioner depositing 20% of the fine amount as an interim compensation, failing which, the petitioner was to undergo the sentence awarded by the trial court.

(2.) The impugned order of learned Sessions Court is primarily premised on the reasoning that as per Sec. 148 of the N.I. Act, suspension of sentence can only be allowed if a minimum of at least 20% of the fine amount is paid to the complainant.

(3.) A perusal thereof reveals that the learned Sessions Court fell in grave error in directing interim payment of 20% of fine amount under the impression that the provision contained under Sec. 148 of the N.I. Act is absolute in nature and without compliance thereof, the application of the petitioner seeking suspension of his sentence could not have been allowed. In this regard, reference may be had to Apex Court judgment rendered in Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd. & Ors. : (2023) 10 SCC 446. The relevant thereof of is reproduced here in below :-