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2023 DIGILAW 1911 (RAJ)

Shankar Singh v. State of Rajasthan

2023-10-06

MANOJ KUMAR GARG

body2023
ORDER : 1. The instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 08.08.2023 passed by learned Additional Sessions Judge No. 3, Bhilwara, Camp Mandalgarh in Criminal Appeal No. 155/2023, whereby while suspending the sentence under Section 389 Cr.P.C. for offence under Section 138 N.I. Act, the appellate court has directed the petitioner to deposit 20% of the fine amount i.e., Rs.2,40,000/- within a period of 60 days. 2. Counsel for the petitioner submits that the appellate court while suspending the sentence of the petitioner has imposed a condition to deposit 20% of the total amount of fine imposed by the trial court while convicting him. Counsel further submits that the petitioner is a poor person and he is ready to deposit 20% of the cheque amount, therefore a limited prayer has been made by the petitioner that while suspending the sentence passed against the petitioner, the petitioner may be directed to deposit 20% of the cheque amount. 3. I have heard learned counsel for the petitioner and perused the impugned order. 4. Having considered the facts and circumstances of the case, the impugned orders dated 08.08.2023 passed by learned Additional Sessions Judge No. 3, Bhilwara, Camp Mandalgarh in Criminal Appeal No. 155/2023, is modified to the extent of depositing 20% of the sentence of fine and instead, the petitioner is directed to deposit 20% of the cheque amount as a condition precedent to suspension of sentence pending appeal, within a period of one month from today. 5. The misc. petition is disposed of accordingly. Stay petition also stands disposed of.