S.B.MAJAGE
IRRIGATION ENGINEERING COMPANY (INDIA) PRIVATE LIMITED, BANGALORE – Appellant
Versus
SMALL-SCALE INDUSTRIAL DEVELOPMENT BANK OF INDIA (SIDBI), BANGALORE – Respondent
( 1 ) THE petitioners; who are appellants in Cri. A. No. 358 of 2002 on the file of the Appellate Court, 'have challenged the impugned order dated 10-7-2002, by which the sentence imposed by the Trial Court against them is suspended on condition that they shall deposit 20% of the total fine amount before the Court below (Trial Court) within the period of one month from that date and shall execute a personal bond for a sum of rs. 1 lakh with one solvent surety for the likesum to the satisfaction of the Court below.
( 2 ) ACCORDING to the petitioners, who were accused in C. C. No. 30459 of 2000 on the file of the 13th Additional Chief Metropolitan Magistrate at Bangalore City and who are appellants before the Appellate Court, in view of the provision contained in Section 357 (2) of the Cr. P. C. , the appellate Court was not right in asking them to deposit 20% of the total fine amount, and relied on a decision of the High Court of Andhra pradesh in the case of V. Prasada Rao v State of Andhra Pradesh and another.
( 3 ) PERUSED the record carefully.
( 4 ) IN the case on hand, the petitioners were convicted by the Trial court sentencing to pay a fine of Rs. 17 lakhs and
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