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TMI Blog2006 (6) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 12-9-2005 passed by the Sessions Judge, Jalgaon whereby on an application filed under Section 389 of Criminal Procedure Code (Cr.P.C.) the Court has directed to deposit a fine, 25% of the compensation amount, as a condition for a suspension of the conviction order. 2. The respondent-original complainant has filed a complaint in C. C. No. 914 of 2004 before the J.M.F.C. Yawal, under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount and on furnishing PB and SB of Rs. 15,000/- paid before LLC. The accused failed to fulfil those conditions within the prescribed time. Therefore, at present the accused is in jail. 3. The learned advocate appearing for the petitioner basically has relied on C. Nageswara Rao v. State of Andhra Pradesh and Anr. Whereby after considering the Section 389(2) of Criminal Procedure Code i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue amount of Rs. 6,25,000/- within 15 days. The Court after considering the similar contentions, like that of the petitioner held that imposing a condition to deposit 50% of amount is correct and permissible. 5. The Apex Court in Stanny Felix Pinto v. Jangid Builders Pvt. Ltd. and Anr. (2001) 2 SCC 416 while considering Sections 389, 397 and 401 read with Section 138 of N.I. Act, has held tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he sentence, and even granting conditional bail in such matter is within the frame work of law and the record. 7. Considering the scheme and purpose of the N.I. Act and in view of the judgment given by this Court in Maheshwar Kale (supra) and the decision of the Apex Court in Stanny Felix Pinto (supra), I am not inclined to interfere with the conditional order passed by the Courts below while ..... X X X X Extracts X X X X X X X X Extracts X X X X
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