LAHARI PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was convicted by the Additional chief Judicial Magistrate No. 11, Jaipur City, jaipur for offence under Section 138 of the negotiable Instruments Act and was sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 25,00,000/- (rupees twenty five lakh ). Against the judgment of conviction and order of sentence the petitioner preferred an appeal before before learned Additional Judge (Fast Track)No. 1, Jaipur City, Jaipur. The appellate court by the order dated 22. 12. 2008 ordered suspension of execution of sentence with the condition that the petitioner shall deposit Rs. 6,00,000/- (rupees six lakh ). Feeling aggrieved by the condition imposed by the learned appellate court, the petitioner has filed this criminal misc. petition under Section heard learned counsel for the petitioner and the learned P. P.

(2.) LEARNED counsel for the petitioner has submitted that the amount of Rs. 6,00,000/- is such an exorbitant amount which could not be deposited by the petitioner for suspension of execution of sentence and, therefore, this amount should be reduced. In support of his submission, learned counsel for the petitioner has placed reliance on the judgment of the Apex Court in the case of stanny Felix Pinto vs. M/s. Jangid Builders Ptv. Ltd. and Anr. (2001 DCR 14 ).

(3.) IT cannot be disputed that a condition can be imposed by the court at the time of suspension of sentence but the condition so imposed should not be so harsh that it may restrain the accused or it may be difficult for him to comply with the same. In the instant case, though the cheque amount is rs. 24,00,000/- and the petitioner has been found liable to pay this amount. Looking to this amount, the conditional suspension order has been passed but in my opinion the amount of Rs. 6,00,000/- is exorbitant. The purpose would be served if instead of Rs. 6,00,000/-the petitioner is directed to deposit Rs. 5,00,000/ -. To this extent, the order of the appellate court deserves to be modified.