2001 (1) TMI 878 - SCH - Companies Law

Suspension of the sentence - Held that - While suspending the sentence of the offence under section 138 it is advisable that the court should impose a condition that a part of fine is remitted within a certain period. If the amount of fine is heavy, the court can direct at least a portion thereof to be remitted, as the convicted person wants the sentence to be suspended during the pendency of the appeal. In this case, the grievance of the appellant is that he is required by the High Court to remit a huge amount of rupees four lakhs as a condition to suspend the sentence. When considering the total amount of fine imposed by the trial court (twenty lakhs of rupees), there is nothing unjust or unconscionable in imposing such a condition. Hence, there is no need to interfere with the impugned order.

Summary

The Supreme Court upheld the High Court's decision to suspend a person's sentence under section 138 of the Negotiable Instruments Act, 1881, with a condition to remit part of the fine within a specified time. The appellant's appeal against remitting a large amount of fine was dismissed, as the court found the condition justified given the total fine imposed by the trial court. No notice was issued to the respondent.