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2005 Supreme(Raj) 835

K.C.SHARMA
Thar Cement Limited – Appellant
Versus
Goyalk Coals Sales India Pvt. Ltd. – Respondent


Advocates Appeared:
Mr. Kamlakar Sharma, for the Petitioner.
Mr. Ashvini Sharma, Public Prosecutor.
Dr. Mahesh Gupta and Mr. Ishwar Jain, for the Non-petitioner No.1

Judgment

K.C. Sharma, J.-Heard Counsel for the parties. The learned trial Court vide its Judgment and order dated 26.02.2005 convicted the accused petitioner for offence under Section 138 of the Negotiable Instrument Act and sentenced him to undergo simple imprisonment for one month, with a compensation of Rs. ten lacs to be paid to the complainant. The petitioners challenged the Judgment of conviction and sentence in appeal before the Court of Sessions. After hearing arguments on the application for suspension of execution of sentence, the appellate Court vide its order dated 22.03.2005, ordered that sentence awarded to the petitioner shall remain suspended during pendency of appeal provided he deposits a sum of Rs. 4 lacs with the trial Court within a period of 15 days and furnishes a personal bond in the sum of Rs.20,000/-with one surety in the like amount with the stipulation that he shall appear before the appellate Court during pendency of appeal.

2. In this petition the grievance of the petitioner is that he is required by the appellate Court to remit a huge amount of rupees 4 lacs as a condition to suspend the sentence. Relying upon a decision of the Apex Court in Stanny Fe







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