Bharat Singh v. Anil Kumar & Anr.

NEGOTIABLE INSTRUMENTS ACT, 1881,

--Dishonour of cheque for insufficiency, etc., of funds in the account--Suspension of sentenceLegality of court awarding compensation of more than twice of amount of cheque----Where a person was convicted under section 138 and sentenced to imprisonment with fine then, High Court could grant suspension of the sentence by imposing a pre-condition that part of the fine would be remitted in court within a specified time.--Petitioner was convicted of offence under section 138. Trial Court imposed fine double of the cheque amount along with sentence to imprisonment. Therefore, petitioner filed application before High Court for suspension of execution of sentence. Held: When a person was convicted under section 138 and sentenced to imprisonment with fine then, High Court could grant suspension of the sentence by imposing a pre-condition that part of the fine would be remitted in court within a specified time. If the fine amount was heavy, the Court could direct atleast a portion thereof to be remitted, as the convicted person wanted the sentence to be suspended during the pendency of the appeal. Therefore, the execution of the sentence was suspended, subject to deposit of 10% of the fine amount along with personal and surety bonds and undertaking within four weeks from today, if not already deposited.