TMI Blog2020 (5) TMI 469X X X X Extracts X X X X X X X X Extracts X X X X ..... ay to the High Court to exercise its inherent jurisdiction and pass appropriate direction to secure the ends of justice. Herein, in petition memo, the petitioner prays for specific direction with regard to hearing of appeal and cancellation of order of suspension of sentence and bail granted to the respondent, therefore, there are no force in the ground raised by the respondent s counsel and it is hereby discarded. The appeal is a legal right of the accused and cancellation of bail is not an indefeasible right of the complainant to get the appellants bail canceled but herein, it is pertinent to mention that though appeal is a legal statutory right of the appellant accused but the same cannot be used to abuse the process of law, it is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t before proceedings to hear the appeal on merits. c. In case, the appellant fails to comply with Section 148 of the Negotiable instrument Act then his appeal can be heard only if he has surrendered and is in custody before proceeding with hearing of his appeal on merits. d. Any other appropriate order or direction, which Hon ble Court may deem fit may also be passed. 2. According to case, the complainant/petitioner has filed a Criminal Case No. 300968/2013 against the respondent for the offence under Section 138 of N.I. Act. Vide judgment dated 28.03.2019, the learned trial Court convicted the respondent in the aforesaid offence and awarded the sentence to undergo R.I. for one year with the direction to pay compensation amo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Appellate Court and filed another application under Section 317 of Cr.P.C. which was again allowed by the learned Appellate Court discarding the objection of the petitioner. Thereafter, on 23.11.2019, the petitioner has filed an application under Section 389(1) of Cr.P.C. for cancellation of order of suspension of sentence and bail passed by the Appellate Court, but vide order dated 26.11.2019, the learned Appellate Court has rejected the same. 4. Learned counsel for the petitioner submits that the learned Appellate Court has failed to appreciate the object of Section 148 of the N.I. Act which makes deposit of 20% of compensation amount mandatory to hear the appeal of accused. In such circumstances, it is necessary that either the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Courts below. On careful reading of the Section 482 of Cr.P.C. it appears that it gives inherent power to the High Court to make such orders as may be necessary to prevent abuse of process of any Court or otherwise to secure the ends of justice. Under Section 482 of Cr.P.C., there is no necessity to challenge any specific order of any Court, if the aggrieved person feels that the act of anyone is amount to abuse of process of law, he can pray to the High Court to exercise its inherent jurisdiction and pass appropriate direction to secure the ends of justice. Herein, in petition memo, the petitioner prays for specific direction with regard to hearing of appeal and cancellation of order of suspension of sentence and bail granted to the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cused to deposit compensation amount which shall not be less than 20% of the fine of compensation amount. Further, this Court has also observed that the Higher Court should prevent itself to interfere in the discretionary power of the Lower Court as provided under the law. Therefore, once it has been decided by this Court that the learned appellate Court has rightly exercised its discretionary power directing the respondent to deposit the 20% of compensation amount while suspending the sentence, the respondent can not enjoy the bail without complying the condition imposed by the Court of law. 9. Although, I am persuaded with the findings of the learned Appellate Court that the appeal is a legal right of the accused and cancellation of ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entence on a condition, after noticing non-compliance of the condition can very well hold that the suspension of sentence stands vacated due to non-compliance, the relevant para is quoted as under:- 18. The High Court is right in its opinion that question No.2 as framed in Vivek Sahni s case was not correctly considered. When suspension of sentence by the trial court is granted on a condition, noncompliance of the condition has adverse effect on the continuance of suspension of sentence. The Court which has suspended the sentence on a condition, after noticing non-compliance of the condition can very well hold that the suspension of sentence stands vacated due to non-compliance. The order of the Additional Sessions Judge declaring that ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
