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.

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, the learned appellate court allowed the application under Section 389 of the Cr.P.C. with the condition of depositing 20% of the fine amount within a period of sixty days, as directed by the learned trial court.

4. The grief of the petitioner would be that in view of the mandate of law and the judgment passed by the Hon'ble Supreme Court in the case of Jamboo Bhandari Vs. M.P. State Industrial Development Corporation Ltd. reported in (2023) 10 SCC 446, there is no need to direct the appellant to deposit 20% of the fine amount as well as imposition of a condition for deposition of 20% of the fine amount is not imperative and mandatory.

5. In view of the limited prayer, the legal provisions and the law enunciated in this regard by the Hon'ble Supreme Court, I deem it appropriate to make a slight modification in the order dated 28.10.2024.

6. Accordingly, the instant criminal misc. petition is allowed in part and the order dated 28.10.2024 passed by the learned Additional Sessions Judge No.1, Anoopgarh, District Sriganganagar in Criminal Appeal No.61/2024, is modified in the manner that now the petitioner would deposit 10% of the fine amount instead of 20% of the fine amount on or before 15.04.2025. The order dated 16.01.2025 whereby the petitioner has been ordered to serve the sentence as he failed to deposit 20 per cent of the fine amount is quashed. If the petitioner fails to deposit 10 per cent of the fine amount on or before 15.04.2025, the order dated 16.01.2025 shall be rejuvenated.

7. The stay petition is also disposed of.