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2006 DIGILAW 1007 (RAJ)

Shanker Lal v. M/S. Mahesh Trading Company

2006-03-28

GOPAL KRISHAN VYAS

body2006
JUDGMENT 1. - Heard learned counsel for the petitioner. 2. The petitioner was convicted by the trial Court for offence punishable under Section 138. Negotiable Instruments Act against which he preferred appeal before the learned Additional Sessions Judge, Raisinghnagar. In the said appeal, being Criminal Appeal No. 6/2006, the appellate Court while passing the order of suspension of sentence imposed the impugned condition that the petitioner shall deposit Rs. 1,00,000/-. 3. Challenging the said order dated 1.3.2006 passed by the appellate Court. Learned counsel for the petitioner contends that the condition imposed is not only unreasonable but the same is illegal. He draws attention of the Court towards order passed by this Court in S.B. Criminal Misc. Petition No. 1025/2003 dated 19.11.2003 wherein even the order for furnishing bank guarantee of Rs. 1,00,000/- was set aside being harsh. 4. I have perused the impugned order. The learned Court below has categorically observed in the impugned order that the appeal makes out an arguable case and it shall take time for the decision of the appeal. In the circumstances, having satisfied itself for suspending the sentence the Court below has been harsher in imposing the impugned condition. 5. Consequently, the order impugned is modified and it is directed that instead of depositing Rs. 1,00,000/- in the trial Court the petitioner shall furnish solvent security for the like amount to the satisfaction of the trial Court and abide by rest of the conditions as contained in the impugned order. 6. With the aforesaid modification, the petition stands disposed of.Petition disposed of.. *******