ESSAR TOOLS Vs. BIPICO INDUSTRIES TOOLS P LTD

JUDGEMENT

(1.) HEARD Advocate for the Applicants and the learned A.P.P. for State. The Advocate for the Applicants states that private notice has been served on the Respondent No.1. The Applicants are the accused in a complaint under Section 138 of Negotiable Instruments Act, 1881. The cheque amount is Rs.5,00,000.00. The complaint ended in conviction of the Applicants. Apart from the substantive sentence, the Applicant No.2 was directed to undergo S.I. for four months. He was also directed to pay a fine of Rs.7,00,000.00. The learned Trial Judge directed that out of fine amount of Rs.7,00,000.00, a sum of Rs.5,00,000.00 be paid as compensation to the original complainant. In default of payment of fine amount, the learned Trial Judge directed the Applicant No.2 to undergo S.I. for one month. An Appeal was preferred by the Applicants in the Sessions Court. By order dated 27th September 2005 the Appeal was admitted. The learned Sessions Judge suspended the substantive sentence till 24th October 2005 and in the meantime the Appellant was directed to deposit Rs.2,50,000.00 on or before 24th October 2005.

(2.) THE learned Counsel for the Applicants invited my attention to various provisions of the Code of Criminal Procedure, 1973. He submitted that the learned Magistrate had no power to direct payment of fine of Rs.7,00,000.00 and the said order is clearly without jurisdiction. He submitted that there was no direction given by the trial Court for payment of compensation under Section 357 of the said Code. He submitted that the learned Sessions Judge could not have imposed condition of depositing the amount of Rs.2,50,000.00 for granting bail in favour of the Applicant No.2. He submitted that therefore the direction given to deposit Rs.2,50,000.00 be quashed and set aside.

(3.) AT this stage, it is pointed out that the Applicants are facing several difficulties and therefore the amount may be reduced and reasonable time may be granted to deposit the amount. It is clear that out of fine amount of Rs.7,00,000.00 only a sum of Rs.2,50,000.00 has been ordered to be deposited. Considering the averments made in the application, time to deposit the amount deserves to be extended.