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2022 (11) TMI 487 - HIMACHAL PRADESH HIGH COURTDishonor of Cheque - Direction to deposit 30% of composition amount in lieu of suspension of sentence imposed by learned trial Court - section 148 of NI Act - HELD THAT:- On perusal of material available on record vis-à-vis reasoning assigned in the impugned order, this court finds that appellate court, while suspending substantive sentence imposed by learned trial Court was well within its jurisdiction to direct the party seeking suspension of substantive sentence, to deposit minimum of 20% of compensation/fine amount awarded by learned trial Court. Careful perusal of S. 148 of Act, leaves no room for doubt that at the time of considering prayer for suspension of sentence imposed by learned trial Court, appellate court is not estopped from imposing condition of deposit of minimum of 20% of compensation amount. Reliance placed in the judgment of Hon'ble Apex Court in SURINDER SINGH DESWAL @ COL. S.S. DESWAL AND OTHERS VERSUS VIRENDER GANDHI [2019 (5) TMI 1626 - SUPREME COURT], wherein it has been held that even if original complaint is filed prior to amendment of S. 148 of the Act, appellate court can exercise power under S. 148 to direct accused to deposit minimum 20% of compensation. Though this court finds no merit in the present petition, however, having taken note of the fact that the petitioner has a huge liability to pay the compensation, this court deems it fit to modify the order dated 1.10.2022 passed by learned Additional Sessions Judge, Hamirpur, Himachal Pradesh to the extent that the petitioner shall deposit 20% of the compensation amount within a period of two months from the date of order. Petition disposed off.
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