-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Kistoor Chand Vs. Bhumi Vikas Bank, Branch Sheoganj & Anr. (S.B. CR. MISC. PETITION NO.511/2008) Date of Order :: 23.7.2008 P R E S E N T HON'BLE MR.JUSTICE BHANWAROO KHAN Ms. Suman Porwal, for the petitioner. Mr. S.K. Vyas, Public Prosecutor BY THE COURT : This misc. petition under Section 482 Cr.P.C. with the consent of both the parties is being disposed of finally at the admission stage. Challenge through this Misc. Petition the order dated 9.4.2008 passed by the Sessions Judge, Sirohi in Appeal No.11/2006 whereby while suspending the sentence awarded to the petitioner by the Judicial Magistrate, Sheoganj vide order dated 15.3.2008 directed the petitioner to deposit Rs.1,33,087/-. Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State. -2- Carefully gone through the judgment and order passed by the trial court as well as impugned order passed by the Sessions Judge. Learned counsel for the petitioner-accused has relied on a decision of the Hon'ble Supreme Court in Stanny Fellx Pinto Vs. Jangid Buildings Pvt. Ltd. & Anr., reported in (2001) 3 SCC 416, the accused therein was sentenced with the imprisonment and a fine of Rs.20,00,000/-. While suspending the sentence of imprisonment and fine, the High Court directed the accused to deposit Rs.4,00,000/-. The matter was carried to the Hon'ble Supreme Court and the Apex Court held that it is advisable that the Court imposes a condition that the fine part is remitted within a certain period. If the fine amount is heavy, the court can direct at least a portion thereof to be remitted as the convicted person wants the sentence to be suspended during the pendency of the appeal and the order of the High Court was held to be justified. Similar view has been taken by the Kerala High Court in P.P. Mohammed Vs. State of Kerla, reported in 2006(1) DCR 526. Having regard to the facts and circumstances of the case, the appellate court was not justified in directing the petitioner-accused to deposit a sum of Rs.1,33,087/- out of Rs.2,50,000/- to be given under -3- section 117 of the Negotiable Instrument Act as compensation. The ends of justice would be met if Rs.30,000/- of amount of fine be directed to deposit. Consequently, the impugned order dated 9.4.2008 is modified to the extent that the sentence awarded to the petitioner-accused by the trial court will remain suspended, provided the petitioner submits the personal bond as directed by the Appellate Court and also deposit sum of Rs.30,000/- out of amount Rs.1,53,087/-. Rest of the conditions imposed by the Appellate Court are maintained. With these modification the criminal misc. petition stands disposed of. (BHANWAROO KHAN),J. RM/-