TARA CHAND PRAJAPAT S/O SHRI AAKHARAM Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2017-5-236
HIGH COURT OF RAJASTHAN
Decided on May 10,2017

Tara Chand Prajapat S/O Shri Aakharam Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

P.K.LOHRA,J. - (1.) This criminal misc. petition under Section 482 Cr.P.C. has been preferred by petitioner against order dated 13.04.2017 passed by District and Sessions Judge, Bikaner (for short, 'learned appellate Court'), whereby learned appellate Court has imposed a condition of depositing Rs.20,000/- while suspending the sentence of petitioner on an application preferred under Section 389(1) Cr.P.C.
(2.) Brief facts of the case are that Special Judicial Magistrate (N.I. Act Cases), No.3, Bikaner (for short, 'learned trial Court') in Criminal Case No.226/2015 has convicted the petitioner for commission of offence punishable under Sections 138 of the Negotiable Instruments Act and has sentenced him for six moths' simple imprisonment and further directed to pay a compensation of Rs.95,000/-and in default of payment, thirty days' additional simple imprisonment vide judgment dated 30.03.2017.
(3.) Being aggrieved with judgment dated 30.03.2017, petitioner has preferred an appeal before the appellate Court along with an application under Section 389(1) Cr.P.C. for suspension of sentence awarded by trial Court. The appellate Court has allowed the application for suspension of sentence while imposing the pre condition of depositing Rs.20,000/-. The petitioner has challenged imposition of the condition of depositing of Rs.20,000/- by way of present criminal misc. petition.;


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