Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 Negotiable Instruments Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Negotiable Instruments Act, 1881 (26 of 1881) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Negotiable Instruments Act, 1881 – s.s. 138, 143-A and 148 – Code of Criminal Procedure,1973 – s.s. 389, 482 – Respondent No.1 retired from a firm – Various cheques were issued by the appellants in favour of respondent against the retirement dues – All the cheques were dishonored – Complaints were filed by the respondent No.1 against the appellants u/s. 138 N.I. Act – Judicial Magistrate held appellants Nos. 1 & 2 guilty and were accordingly convicted – In appeal, appellants filed application u/s. 389 Cr.P.C. for suspension of sentence – The Appellate Court vide order dated 01.12.2018 suspended the sentence during the pendency of the appeal, subject to furnishing of bail and also subject to deposit of 25% of the amount of compensation awarded – Appellants were convicted and was ordered by the Appellate Court to deposit amount of Rs.9,40,24,999/- – Appellants filed application u/s.482 Cr.P.C. and sought quashing of part of the order which imposed a condition to deposit 25% of the amount of compensation – The High Court dismissed the petition filed u/s. 482 Cr.P.C. – The Supreme Court also dismissed the criminal appeals – The Appellate Court vide order dated 20.07.2019 held that appellant having not complied with the direction to deposit 25% of the amount of compensation, the order of suspension of sentence shall be deemed to have been vacated – Another petition u/s. 482 Cr.P.C. filed by the appellants against the order dated 20.07.2019 was also dismissed – On appeal held: The order dated 01.12.2018 was upheld by the Supreme Court, therefore any submission questioning the order of the Appellate Court directing the suspension of the sentence subject to deposit of 25% of the compensation amount needs no further consideration – It is for the Appellate Court who has granted suspension of sentence to take call on non-compliance and take appropriate decision – What order is to be passed by the Appellate Court in such circumstances is for the Appellate Court to consider and decide – However, noncompliance of the condition of suspension of sentence is sufficient to declare suspension of sentence as having vacated – The Appellate Court was right in taking the view that order of suspension of sentence shall be deemed to have been vacated. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 21 |
Petitioner | Surinder Singh Deswal @ Col. S. S. Deswal & Ors. |
Respondent | Virender Gandhi & Anr. |
SCR | [2020] 1 S.C.R. 395 |
Judgement Date | 2020-01-08 |
Case Number | 1936-1963 |
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