DEEPAK DAVE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 questioning the legality of the condition imposed by the appellate court while suspending the sentence of the petitioner after conviction for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881.

(2.) Briefly stated facts of the case are that the petitioner came to be convicted by the learned Special Judicial Magistrate (NI Act Cases), Udaipur vide judgment dtd. 3/12/2025 passed in CIS No. 15152/2015 for the offence punishable under Sec. 138 of the Negotiable Instruments Act and was sentenced accordingly. Aggrieved thereby, the petitioner preferred Criminal Appeal No. 18/2026 before the Court of Additional Sessions Judge No. 4, Udaipur.

(3.) While admitting the appeal and suspending the sentence during the pendency of the appeal, the appellate court vide order dtd. 8/1/2026 imposed a condition requiring the petitioner to deposit 20% of the fine/compensation amount awarded by the trial court. The petitioner has approached this Court challenging the said condition imposed while granting suspension of sentence.