Criminal Procedure Code, 1973
Section 389—Suspension of sentence—Conviction under Section 138 of the Negotiable Instruments Act—Deposit of 20% of the fine/compensation amount is not a mandatory condition for grant of suspension of sentence in proceedings under Section 138 of the Negotiable Instruments Act.
Held : Normally, the Appellate Court will be justified in imposing the condition of deposit as provided in Section 148 of the Negotiable Instruments Act. However, in a case where the Appellate Court is satisfied that the condition of deposit of 20% will be unjust or imposing such a condition will amount to deprivation of the right of appeal of the appellant, exception can be made for the reasons specifically recorded.
Therefore, when Appellate Court considers the prayer under Section 389 of the Cr.P.C. of an accused who has been convicted for offence under Section 138 of the N.I. Act, it is always open for the Appellate Court to consider whether it is an exceptional case which warrants grant of suspension of sentence without imposing the condition of deposit of 20% of the fine/compensation amount. As stated earlier, if the Appellate Court comes to the conclusion that it is an exceptional case, the reasons for coming to the said conclusion must be recorded.
Section 389—Suspension of sentence—Conviction under Section 138 of the Negotiable Instruments Act—Relying upon Section 148 of the NI Act, the Sessions Court granted relief under Section 389 of CrPC subject to condition of appellants depositing 20% of the amount of compensation—High Court confirmed the order of Sessions Court—Appeal—When an accused applies under Section 389 of CrPC for suspension of sentence, he normally applies for grant of relief of suspension of sentence without any condition—Therefore, when a blanket order is sought by the appellants, the Court has to consider whether the case falls in exception or not—Both the Sessions Court and the High Court have proceeded on the erroneous premise that deposit of minimum 20% amount is an absolute rule which does not accommodate any exception—Impugned order of High Court is set aside and revision petition filed by appellants is restored before the High Court—Appeal allowed.
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