SATISH KUMAR MITTAL,J - (1.) PETITIONER Kedar Nath (accused), who presently is confined in Central Jail, Ambala, has filed this criminal revision against the order dated 8.4.2006, passed by the Additional Sessions Judge, Jagadhri, whereby on an application for suspension of sentence filed by the petitioner along with the appeal filed against the judgment of conviction and order of sentence passed by the trial Court under Section 138 of the Negotiable Instruments Act, a condition was imposed i.e., to deposit an amount of Rs. 1,50,000/- before the trial Court at the time of furnishing his bail bonds.
(2.) I have heard the counsel for the parties and gone through the judgment of conviction and order of sentence passed by the trial Court as well as the impugned order passed by the Appellate Court. In this case, the petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act') for dishonour of several cheques amounting to Rs. 1,50,000/- vide judgment of conviction dated 27.3.2006 passed by the Additional Chief Judicial Magistrate, Jagadhri. Subsequently, on the next day, i.e., 28.3.2006, the petitioner was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 3 lacs for the commission of offence punishable under Section 138 of the Act. It was also ordered that out of the fine of Rs. 3 lacs, a sum of Rs. 2,50,000/- be given to the complainant as compensation. In default of payment of fine, except compensation part, the accused shall undergo further imprisonment for a period of three months.
(3.) AGAINST the aforesaid judgment of conviction and order of sentence, the petitioner filed an appeal before the Additional Sessions Judge, Yamuna Nagar. The same was admitted and notice in the application for suspension of sentence was issued. It was argued that the petitioner has not deposited the amount of fine of Rs. 3 lacs as imposed by the trial Court, therefore, the sentence imposed upon him cannot be suspended. After hearing the counsel for the parties, the Appellate Court ordered the suspension of sentence subject to the condition that the petitioner will deposit an amount of Rs. 1,50,000/- before the trial Court at the time of furnishing of his bail bonds in the sum of Rs. 10,000/- with one surety in the like amount.;