NARENDRA SAINI Vs. SURESH KUMAR SAINI

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been preferred by the petitioner against the order dated 11.02.2016 passed by the Sessions Judge, Churu (hereinafter referred to as 'the appellate court'), whereby the appellate court imposed a condition of depositing Rs. 2,00,000.00 while suspending the sentence of the petitioner on an application preferred under Sec. 389(1) Cr.P.C.

(2.) Brief facts of the case are that the Chief Judicial Magistrate, Churu (hereinafter referred to as 'the trial court') in Criminal Case No.513/2010 has convicted the petitioner S.B. Criminal Misc. Petition No.806/2016 Narendra Saini Vs. Suresh Kumar Saini for the commission of offence punishable under Sec. 138 of Negotiable Instrument Act and sentenced him for six months' simple imprisonment and further directed to pay a compensation of Rs. 8,00,000.00 vide judgment dated 29.10.2014.

(3.) Being aggrieved with the judgment dated 29.10.2014 the petitioner has preferred an appeal under Sec. 374 Crimial P.C. before the appellate court. Along with aforesaid appeal, an application under Sec. 389(1) Crimial P.C. was also preferred for suspension of sentence awarded by trial court. The appellate court has allowed the application for suspension of sentence while imposing the pre condition of depositing Rs. 2,00,000.00. The petitioner has challenged the imposition of condition of depositing Rs. 2,00,000.00 by way of this criminal misc. petition.