MODALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Grievance of the petitioner herein is against the order dtd. 6/12/2023, passed by the learned Additional District Sessions Judge No. 3, Bhilwara (Camp Mandalgarh) in Criminal Appeal No. 254/2023, 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, was allowed subject to the deposit of 20% as interim compensation, failing which, the petitioner was to undergo the sentence awarded by the Trial Court. Vide another order dtd. 5/2/2024 assailed herein, passed by Judicial Magistrate, Bijoliya, District Bhilwara, vide which, arrest warrant was issued against the petitioner, pursuant to which he has been arrested.

(2.) The impugned order of learned Sessions Court is primarily premised on the reasoning that as per Sec. 148 Negotiable Instruments Act, suspension of sentence can only be 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 the 20% of fine amount under the impression that the provision contained under Sec. 148 of 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 Vs. M.P. State Industrial Development Corporation Ltd. & Ors., (2023) 10 SCC 446. The relevant thereof of is reproduced here in below :-