JUDGEMENT
KURIAN, J. -
(1.) Leave granted.
(2.) The appellant is aggrieved since the High Court, while admitting the revision against the conviction in respect of an offence under Section 138 of Negotiable Instruments Act, imposed a condition of deposit of 1/4th of the cheque amount. This was in addition to the fine which the appellant had already remitted.
(3.) When the matter came up before this Court, on 02.03.2017, the following order was passed:-
"It is pointed out by the learned counsel for the petitioner and we have verified too that the sentence of fine was only Rs. 10,000/- (Rupees Ten Thousand) by the learned Magistrate, which was affirmed in the appeal and that the said amount of Rs. 10,000/- (Rupees Ten Thousand) has already been remitted.
No doubt, the Revisional Court has jurisdiction to impose appropriate conditions while suspending the sentence. However, having regard to the fact that the learned Magistrate while ordering the sentence has limited the fine to Rs. 10,000/- (Rupees Ten Thousand), which has been paid also, we are of the view that the condition imposed by the High Court, at this stage, for suspension of sentence is warranted, in the peculiar facts of this case.
Issue notice.
There will be stay of that part of the direction in the impugned order for deposit of 1/4th of the cheque amount and subject to other conditions in the order, the protection granted by the High Court will continue to operate until further orders.";
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