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2018 (8) TMI 739 - HC - Indian LawsSuspending the execution of sentence - Section 138 of the Negotiable Instruments Act, 1881 - Held that:- Hon’ble Supreme Court in case titled as Stanny Felix Pinto v. Jangid Builders Pvt. Ltd., [2001 (1) TMI 878 - SUPREME COURT OF INDIA] held that a pre condition for suspending the execution of sentence, of imprisonment imposed upon the convict, it being not imperative for the Court, to, direct the convict to deposit the entire fine amount/compensation amount, yet imposition, qua depositing of, some reasonable per centum thereof, solitarily being sufficient, to, enable the Court, while excising its jurisdiction, to suspend the execution of sentence of imprisonment imposed upon the convict, to hence make an apposite order qua its execution being suspended. In aftermath, subject to deposit of 10% of the fine amount within four weeks from today, if not already deposited, and subject to the petitioner’s furnishing within four weeks, from today, personal and surety bonds in the sum of ₹ 50,000/- each to the satisfaction of the learned trial Court, and also with an undertaking therein to (a) appear in the Court as and when called upon to do so (b) and in case the instant Revision is dismissed, the petitioner shall surrender before the learned trial Court for receiving the sentence, thereupon the operation/execution of the sentence recorded on 16.11.2017 by the learned Judicial Magistrate, Ist Class, Court No.1, Solan, District Solan, H.P., in criminal case No. 138/3 of 2014. Application disposed off.
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