IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-35141 of 2009 Date of decision: 13.10.2011 Jiwan Goyal & another .....Petitioners VERSUS Punjab Agro Industries Corporation Ltd. & another ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH Present: Mr. A.D.S. Sukhija, Advocate for the petitioners. Mr. Somesh Gupta, Advocate, for respondent No.1. Mr. A.S. Jattana, Addl.AG, Punjab for the State. **** RANJIT SINGH, J. This order shall dispose of Crl. Misc. Nos.M-35141, 35142, 35143 of 2009. The facts have been taken from Crl. Misc. No.M-35141 of 2009. The petitioners were convicted by the Court of Additional CJM, Fatehgarh Sahib, for offence under Section 138 of the Negotiable Instruments Act. The petitioners filed an appeal against the said order. While directing suspension of sentence during the pendency of appeal, the petitioners were required to deposit 50% of the cheque amount within 15 days from the date of the order i.e. 4.12.2009. The petitioners, accordingly, have approached this Court by way of present miscellaneous petition challenging the condition imposed by the appellate Court while suspending the sentence. Submission is that the suspension of sentence on the Criminal Misc. No. M-35141 of 2009 -2- condition of deposit of 50% of the cheque amount may lead to defeat the very purpose of filing an appeal. In support reference is made to Munish Bhasin and Ors. Versus State (Govt. of NCT of Delhi) and anr., 2009 (2) RCR (Cr) 247 (SC). While issuing notice of motion, this Court had directed that the condition imposed to deposit 50% of the cheque amount shall remain in abeyance. In view of law laid down in Munish Bhasin's case (supra), the suspension of sentence by imposing a condition cannot be termed fair as in a way it would lead to defeat the very purpose of filing the appeal, which is a statutory right. Accordingly, the condition imposed by the appellate Court while suspending sentence requiring the petitioners to deposit 50% of the cheque amount is set aside. Sentence imposed shall continue to remain under suspension and bail granted shall continue to enure during the pendency of appeal. In the meantime the Appellate Court may endeavour to decide the appeal within a period of six months from the date of this order. The petitions are, accordingly, disposed of. October 13, 2011 ( RANJIT SINGH ) monika JUDGE