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Rajasthan High Court · body

2014 DIGILAW 737 (RAJ)

Sharad Natani v. State

2014-03-20

KANWALJIT SINGH AHLUWALIA

body2014
JUDGMENT 1. - Heard. 2. Instant petition under Section 482 Cr.P.C. has been preferred on behalf of petitioner praying inter alia that the order dated 15.02.2014 passed by the Additional District & Sessions Judge, No.5, Jaipur Metropolitan, Jaipur in Criminal Appeal No.122/2014, whereby the learned Judge allowed the application for suspension of sentence, awarded by the trial Court under Section 138 of the Negotiable Instruments Act, subject to condition that petitioner shall deposit Rs. 2,00,000/- be set aside. 3. The learned counsel appearing for the petitioner submitted that the petitioner was convicted and sentenced for commission of offence punishable under Section 138 of the Negotiable Instruments Act and was also directed to pay compensation of Rs. 6,50,000/- to the complainant. 4. Counsel appearing for the petitioner further submitted that aggrieved against the same the petitioner had preferred an appeal. 5. The appellate Court below, while entertaining the appeal had suspended the sentence, subject to condition that the petitioner shall deposit Rs. 2,00,000/- on or before 18.03.2014. After hearing the learned counsel appearing for the parties, the order dated 15.02.2014 passed by the Lower Appellate Court is modified and it is, hereby, ordered that in case the petitioner deposits Rs. 1,00,000/- [Rupees One Lac Only] within a period of one month, the sentence awarded upon him shall remain suspended during pendency of the appeal. 6. However, in case, the petitioner fails to deposit the amount of Rs. 1,00,000/- within stipulated period, the Lower Appellate Court shall proceed with the appeal in accordance with the provisions of law. 7. With the aforesaid modification, the present petition stands disposed of. 8. Upon disposal of main petition, the stay application, filed therewith, does not survive; the same is also disposed of. *******