Madhya Pradesh High Court
Abhishek vs Ramesh on 6 February, 2017
MCRC-22254-2016
(ABHISHEK Vs RAMESH)
06-02-2017
Shri B.K. Shukla, learned counsel for the petitioner.
This petition under Section 482 Cr.P.C has been filed to modify the
order dated 23.11.2016 passed by learned Sessions Judge, Harda in
Criminal Appeal No. 300086/2016.
Short point involved in the case is that the petitioner has been held
guilty for offence under Section 138 of Negotiable Instrument Act vide
judgement dated 09.11.2016 passed by J.M.F.C, Harda in Criminal Case
No. 1127/2013.
On filing criminal appeal, the learned Sessions Judge vide the
impugned order, while deciding the application for suspension of sentence,
directed the respondent to deposit 50% of the compensation amount i.e 50%
of Rs.1,15,000/-, which comes to Rs.57,500/-.
The petitioner, by filing this petition and relying the judgment rendered in the case of Dilip S Dhanukar Vs. Kotak Mahindra Co. Ltd. & State, 2007 (6) SCC 528, has requested to modify the order and submitted that the petitioner is ready to deposit 25% of the amount of compensation. The petitioner is on bail. Appeal would take considerable time.
Keeping in view the above circumstances, the petitioner is directed to deposit Rs.50,000/- instead of Rs.57,500/- before the learned trial Court, Harda within fifteen days from today.
Accordingly, this petition is disposed of.
(SUSHIL KUMAR PALO) JUDGE RS