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.
If
anybody wants to read the judgment, please make a request at
legalbuddy@gmail.com
Regards
Team
Legal Point Foundation
For
any Legal query :
legalbuddy@gmail.com
Legal
Point Foundation
Deepak
Miglani (President), Dinesh (Treasurer)
8059670005,9958086337,9215514435
Legal India –A Group in Face book
Our
main aim is to remove legal ignorance from our country because legal ignorance
is one of the main hurdle in the path of our development. The Legal Tip/Legal
News/Legal Alert are tools to spread legal awareness among literates.
Approximately 50,000 peoples are receiving this message. Please forward this
message to your friends as a contribution to this holy cause.
1 comment:
This blog is a great combination of suitable and useful information and well-written sentences that will certainly entice your sense and update you about new happening. Here I have found the information for which I was looking for long time.
Post a Comment