Case Note & Summary
The applicant, Maheshwar Dattatraya Kale, was convicted by the Judicial Magistrate First Class, Pune, under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to six months simple imprisonment and to pay compensation of Rs.13 lakhs to the complainant, with default sentence of 10 days. The applicant appealed to the Sessions Court. The learned Adhoc Additional Sessions Judge, Pune, by order dated 22nd August 2005, suspended the substantive sentence and directed that the conviction and sentence stand suspended on the applicant depositing half of the cheque amount, i.e., Rs.6,25,000/-, within 15 days. The applicant challenged this condition in the present application. The High Court held that the appellate court, while suspending sentence under Section 389 of the Code of Criminal Procedure, 1973, cannot impose a condition of depositing half the cheque amount. The court reasoned that Section 357(2) CrPC provides that an order for compensation under Section 357(1) can be enforced only after the period allowed for appeal has elapsed or the appeal is disposed of. Imposing a condition of deposit before the appeal is decided would effectively enforce the compensation order prematurely, which is not permissible. The court allowed the application and set aside the condition of deposit, directing that the applicant be released on bail on the same terms as the earlier order, except the condition of deposit.
Headnote
A) Criminal Procedure Code - Suspension of Sentence - Section 389 CrPC - Condition of Deposit - The appellate court while suspending substantive sentence under Section 389 CrPC cannot impose a condition of depositing half of the cheque amount as a condition for suspension, as such condition would amount to directing payment of compensation before the appeal is decided, which is impermissible under Section 357(2) CrPC. (Paras 4-6) B) Negotiable Instruments Act - Dishonour of Cheque - Section 138 - Compensation - The trial court's order of compensation under Section 357(1) CrPC can be enforced only after the appeal is finally decided, and the appellate court cannot require deposit of compensation as a condition for suspension of sentence. (Paras 5-6)
Issue of Consideration
Whether the appellate court, while suspending the sentence under Section 389 of the Code of Criminal Procedure, 1973, can impose a condition of depositing half of the cheque amount as a condition for suspension of sentence, in view of Section 357(2) of the CrPC.
Final Decision
The High Court allowed the application and set aside the condition imposed by the appellate court requiring deposit of half the cheque amount. The applicant was directed to be released on bail on the same terms as the earlier order, except the condition of deposit.
Law Points
- Section 357(2) CrPC prohibits appellate court from imposing condition of depositing compensation amount while suspending sentence under Section 389 CrPC
- Section 138 Negotiable Instruments Act
- 1881
- suspension of sentence
- compensation
- deposit condition
