ORDER :

1. By way of the present petition filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the “Code”), the petitioner has challenged the order dated 08.11.2021 passed by Additional Sessions Judge, Bilara, District Jodhpur (hereinafter referred to as the “Appellate Court”) whereby the Appellate Court while allowing the application of the petitioner for suspension of sentence has directed the petitioner to deposit 20% of the fine amount (Rs.2,65,800/- out of Rs.13,29,000/-).

2. The said order also required the petitioner to furnish a bail bond of Rs.30,000/- in an appeal that was filed by the petitioner against his conviction under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the “Act”).

3. Learned counsel for the petitioner argued that the Appellate Court was not justified in requiring the petitioner to deposit 20% of the fine amount, because, putting such a condition has taken away petitioner’s right of liberty.

4. In support of his contention aforesaid, learned counsel for the petitioner relied upon the judgment of Hon’ble the Supreme Court dated 19.01.2021 in the case of Dilip Singh vs. State of Madhya Pradesh &