ORDER

The petitioner is found guilty, convicted and sentenced in a prosecution under Sec.138 of the Negotiable Instruments Act. Aggrieved by the verdict of guilty, conviction and sentence, he preferred an appeal. He further prayed that the execution of the sentence against him – a disabled person, may be suspended. The learned Sessions Judge, by the impugned order, directed suspension of execution of the sentence; but subject to terms. The petitioner is aggrieved by the direction to deposit an amount of Rs.15,000/- towards the amount due under the cheque as a condition for suspension. The cheque is for an amount of Rs.90,000/-.

2. It is by now trite that the appellate court is justified in an appropriate case to direct payment of part of the amount of fine/compensation. The only contention is that the discretion was not properly exercised by the learned Sessions Judge. Annexure-A2 is relied on to contend that the petitioner suffers from 80% disability. The learned counsel for the petitioner submits that if the condition were imposed, that would virtually deprive the petitioner of his right of appeal. He will be constrained to go to prison to serve the sentence even before his appeal