JUDGMENT :

Heard Mr. Bhaskar Dutta, learned Senior Counsel for the petitioner Sri Arup Kumar Sharma.

2. The petitioner has filed this application under 482 of the Code of Criminal Procedure challenging the impugned order dated 21.11.2023 by the learned Additional Sessions Judge (FTC No. 1), Margherita in Criminal Appeal No. 7(4)/2023, whereby, while admitting the appeal, the learned Additional Sessions Judge (FTC No.1) held that the order for suspension of the operation of the sentence passed vide judgment and order dated 12.09.2023 by the learned Court of Sub-Divisional Magistrate (M), Margherita in NI Case No. 12/2018, shall be passed subject to deposit of minimum of 20% of the fine or compensation within 30 days from the date of the order.

3. The genesis of the case is that the complainant/respondent herein is the proprietor of Agbandha Agro Product and the petitioner operated a venture specializing in Britannia Distribution under the name and style of M/S Sangeeta Agency. In order to bolster the business of the petitioner an investment of Rs.20,00,000/- (Rupees Twenty Lacs) was sought from the respondent and the respondent provided a loan of Rs.20,00,000/- (Rupees Twenty Lacs) to