03 February, 2012

Legal Knowledge::::Session Court while ordering on application of suspending the sentence can not impose condition that accused should deposit half of Compensation Amount


Facts of the Case:-
The Revision petitioner herein was convicted for an offence under Section 138 of the Negotiable Instruments Act, by the learned Judicial Magistrate No.I, Nagercoil,  and was sentenced to undergo six months simple imprisonment and also was directed to pay a compensation for a sum of Rs.1,50,000/- (cheque amount), within a period of four months from the date of judgment.
Challenging the said conviction and sentence, the revision petitioner preferred an appeal before the learned Sessions Judge and also preferred a Sub Application seeking to suspend the sentence till the disposal of the appeal.  The learned Sessions Judge, while ordering the said application suspending the sentence of imprisonment on the petitioner imposed a condition that the petitioner should deposit half of the compensation amount of     Rs.75,000/- before the trial Court.  Challenging the condition imposed on the petitioner that he should deposit the compensation amount of Rs.75,000/-, the petitioner has preferred this Criminal Revision.
The Hon’ble High Court held that Session Court while ordering application of suspension of  sentence  till disposal of appeal can not impose condition that accused should  deposit half of compensation amount.
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