Cr.MMO No. 25/2010 17.3.2010Present: Ms. Vidushi Sharma, Advocate, for the petitioner. Mr. H.S. Thakur, Advocate, for the respondent. Heard. The learned Judicial Magistrate (Court NO. 1), Rohroo, District Shimla convicted the petitioner herein under Section 138 of the Negotiable Instruments Act and sentenced him to undergo imprisonment for a period of one year and to pay a fine of Rs.5000/-. Feeling aggrieved and dissatisfied by the judgment of conviction and sentence, petitioner filed an appeal before the Court of Sessions. Vide order dated 31.12.2009, learned Additional Sessions Judge (Fast Trace Court), Shimla while dealing with the application for suspension of sentence, under Section 389 of the Code of Criminal Procedure ordered the suspension of the substantive sentence on furnishing the bail bonds in the sum of Rs.25000/- with one surety in the like amount to the satisfaction of the learned trial Magistrate and also to deposit the amount of -2- Rs.50,000/-, i.e., part of the cheque amount, within a period of 45 days, with a direction not to disburse it to the respondent till there are specific orders from the appellate Court. Failing to comply with the aforesaid conditions, it was also ordered that the suspension of sentence will cease to operate without any further reference to the court. The petitioner seeks modification in the second part of this order. The main appeal is pending for disposal before the learned Additional Sessions (Fast Tract Court), Shimla. Against the above factual background the learned Additional Sessions Judge (Fast Tract) could have only ordered to deposit the fine amount and not Rs.50,000/- a part payment of cheque amount, this order is quite unreasonable as the learned trial Court nowhere ordered to pay/deposit compensation. Therefore, in my opinion, it was not proper for the first Appellate Court to order the deposit of part of the cheque amount. Thus, the order of suspension, passed by the learned Additional Sessions Judge (Fast Tract Court), -3- Shimla on the application under Section 389 of the Code of Criminal Procedure in criminal Appeal No. 105-S/2010 titled Gian Singh versus Pabar Singh is hereby modified to the extnent that the substantive sentence imposed on the petitioner shall remain suspended till final disposal of the appeal by the learned trial first Appellate Court on the petitioner’s (convict) furnishing the bond of recognizance in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the learned trial Magistrate, within three weeks and on deposit the fine amount of Rs.5000/- within a month from today, the second condition regarding the deposit of Rs.50,000/- being unreasonable, shall be deemed to have been deleted. The petition stands disposed of. Cr.M.P. No. 80/2010. Infructuous. Order dasti. (Surinder Singh),J March 17, 2010 (cm)