DINESH SONKHIYA Vs. MAHESH VIJAY

JUDGEMENT

(1.) By way of instant criminal miscellaneous petition under Sec. 482 Cr.P.C., petitioner has challenged the order dtd. 2/1/2024 passed by Additional Sessions Judge, No.9, Jaipur Metropolitan-I in Criminal Appeal No.22/2023 whereby and whereunder while suspending the sentence awarded against petitioner for offence under Sec. 138 NI Act, same has been made subject to deposition of 20% of the compensation amount so determined by the trial Court in the judgment dtd. 4/9/2023 passed in criminal appeal No.2741/2023 (Jamboo Bhandari Vs. M.P. State Industrial Development Corporation Ltd.).

(2.) Counsel for the petitioner at the outset, admits that the petitioner has deposited 20% amount as ordered by the Appellate Court in the impugned order, however, the appellate Court has indicated erroneous presumption in the order that the sentence can be suspended only on deposition of 20% of the compensation amount as per mandate of Sec. 148(1) NI Act moreover, the quantum of 20% compensation may be enhanced.

(3.) The contention of learned counsel for petitioner is that such observations/findings of the appellate Court in the order impugned 2/1/2024 travels beyond the proposition of law as expounded by Hon'ble Supreme Court in case of Jamboo Bhandari Vs. M.P. State Industrial Development Corporation Ltd. [(2023) 10 SCC 446].