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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Gopiram – Appellant
Versus
Shivbhagwan – Respondent
ORDER :
FARJAND ALI, J.
1. By way of filing the instant criminal misc. petition, a challenge has been made to the order dated 28.10.2024 passed by the learned Additional Sessions Judge No.1, Anoopgarh, District Sriganganagar (hereinafter to be referred as 'the appellate court') in Criminal Appeal No.61/2024, whereby the application under Section 389 of Cr.P.C. filed by the petitioner was allowed with the condition to deposit 20% of fine amount within a period of sixty days.
2. Heard learned counsel for the parties and perused the material as made available to this Court as well as the order under assail.
3. Bereft of elaborate details, briefly stated facts of the case are that the petitioner was tried and convicted for the offence under Sections 138 of the N.I. Act vide judgment dated 09.10.2024 passed by the learned Additional Chief Judicial Magistrate, Anoopgarh, Sriganganagar (hereinafter to be referred as 'the trial court'). Aggrieved of the judgment of conviction, he preferred an appeal before the learned appellate court along with an application under Section 389 Cr.P.C. for suspension of sentence awarded by the learned trial court. Vide the order under assail dated 28.10.2024, t
The imposition of a deposit condition for suspension of sentence under Section 389 Cr.P.C. is not mandatory and can be modified based on judicial discretion.
The court modified the appellate order, reducing the deposit requirement from 20% to 10% of the cheque amount, emphasizing adherence to Supreme Court precedents.
Conditions for suspension of sentence may be modified based on the petitioner's financial circumstances, ensuring fairness in judicial proceedings.
Modification of fine payment order and expeditious hearing of appeal.
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