2023 (9) TMI 560 - SUPREME COURT

Dishonour of Cheque - grant of relief subject to condition of appellants depositing 20% of the amount of compensation - HELD THAT:- When an accused applies under Section 389 of the Cr.P.C. 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.

In these cases, both the Sessions Courts 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 - The learned counsel appearing for the appellants, at this stage, states that the appellants have deposited 20% of the compensation amount. However, this is the matter to be examined by the High Court.

The impugned orders of the High Court set aside - the revision petitions filed by the appellants before the High Court restored - appeal allowed.