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2018 DIGILAW 538 (HP)

Harinder Kumar v. S. S. V Traders

2018-04-03

SURESHWAR THAKUR

body2018
JUDGMENT : Sureshwar Thakur, J. Under the impugned judgment, the learned trial Court convicted the petitioner herein, for his committing an offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The relevant portion of the sentence imposed upon the convict is extracted hereinafter: ?…………..convict is sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1,50,000/- . In the event of default in making payment of fine convict shall be liable to undergo further simple imprisonment for a period of one month…..? 2. As mandated in a judgment, of the Hon'ble Supreme Court reported in AIR 2001 SC 659 , in case titled as Stanny Felix Pinto v. Jangid Builders Pvt. Ltd., relevant portion whereof is extracted hereinafter, qua as a pre condition for suspending the execution of sentence, of imprisonment imposed upon the convict, it being not imperative for the Court, to, direct the convict to deposit the entire fine amount/compensation amount, yet imposition, qua depositing of some reasonable per centum thereof solitarily being sufficient, to, aptly enable the Court, while excising its jurisdiction, to suspend the execution of sentence of imprisonment imposed upon the convict, to hence make an apposite order qua its execution being suspended. ?………….When a person was convicted under Section 138 of the Negotiable Instruments Act and sentenced to imprisonment and fine he moved the superior court for suspension of the sentence. The High Court while entertaining his revision granted suspension of the sentence by imposing a condition that part of the fine shall be remitted in court within a specified time. It is against the said direction that this petition has been filed. In our view the High Court has done it correctly and in the interest of justice. We feel that while suspending the sentence for the offence under Section 138 of the Negotiable Instruments Act it is advisable that the court imposes a condition that the fine part is remitted within a certain period. If the fine amount is heavy, the court can direct at least a portion thereof to be remitted as the convicted person wants the sentence to be suspended during the pendency of the appeal. In this case the grievance of the appellant is that he is required by the High Court to remit a huge amount of rupees four lakhs as a condition to suspend the sentence. In this case the grievance of the appellant is that he is required by the High Court to remit a huge amount of rupees four lakhs as a condition to suspend the sentence. When considering the total amount of fine imposed by the trial court (twenty lakhs of rupees) there is nothing unjust or unconscionable in imposing such a condition. Hence, there is no need to interfere with the impugned order. As such no notice need be issued to the respondent…..? 3. In aftermath, subject to deposit of 15% of the fine amount within four weeks, if not already deposited, and subject to the petitioner's furnishing within four weeks, from today, personal and surety bonds in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court, and also with an undertaking therein to (a) appear in the Court as and when called upon to do so (b) and in case the instant Revision is dismissed, the petitioner shall surrender before the learned trial Court for receiving the sentence, thereupon the operation/execution of the sentence recorded on 9.12.2016 by the learned Judicial Magistrate, Ist Class, Court No.2, Kasuali, District Solan, H.P., in case No. 43/3 of 2013, and, as stands affirmed by the learned Additional Sessions Judge-II, Solan, District Solan, H.P in criminal appeal No. 2 ASJ-II/10 of 2017 on 28.2.2018, is suspended till further orders. However, it is made clear that in event of the petitioner herein omitting to comply with the conditions aforesaid within the stipulated period aforesaid, thereupon, the order suspending the execution of sentence of imprisonment imposed upon him shall stand vacated, and, the Registry shall issue warrants for committing the petitioner herein, to judicial custody. In view of the above, the application stands disposed of.