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TMI Blog2023 (12) TMI 1323X X X X Extracts X X X X X X X X Extracts X X X X ..... suspension of sentence without any condition. Therefore, when a blanket order is sought by the appellants, the Court has to consider whether the case falls in exception or not.' In the light of the above principle laid by the Apex Court, it is the duty of the Appellate court to give reason for imposing the condition to deposit 20% of compensation for suspending the sentence. There cannot be any blanket order to deposit 20% of the compensation for suspending the sentence in all cases. When a blanket order is sought by the appellants, the Court has to consider whether the case falls within the exception or not. The appellate court while suspending a sentence cannot pass a blanket order in all cases to deposit 20% of the fine or compensat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt-II, Pala in S.T. No. 31/2018, which was a prosecution under Section 138 of the Negotiable Instruments Act, 1881. He was sentenced to undergo simple imprisonment till the rising of the court and to pay a compensation of Rs. 3,27,000/-(Rupees Three Lakhs Twenty Seven Thousand only) to the complainant and in default to undergo simple imprisonment for one month. It is also ordered that, if the compensation amount is realised, the same shall be given to the complainant in the case. 2. Aggrieved by the conviction and sentence, the petitioner filed an appeal before the Sessions court, Kottayam. The Sessions court suspended the sentence as per order dated 24.06.2023 in CMP No. 44/2023 in Crl.Appeal No. 109/2023 with a condition that the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asons specifically recorded. 7. Therefore, when Appellate Court considers the prayer under S.389 of the CrPC of an accused who has been convicted for offence under S.138 of the N.I. Act, it is always open for the Appellate Court to consider whether it is an exceptional case which warrants grant of suspension of sentence without imposing the condition of deposit of 20% of the fine/compensation amount. As stated earlier, if the Appellate Court comes to the conclusion that it is an exceptional case, the reasons for coming to the said conclusion must be recorded. 8. The submission of the learned counsel appearing for the original complainant is that neither before the Sessions Court nor before the High Court, there was a plea made by the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant under Section 143A. (2) The amount referred to in sub-section (1) shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the appellant. (3) The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal: Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dered by the Court can be varied from the minimum 20% of the fine or compensation to a higher percent of the fine or compensation. That also shows that a speaking order is necessary. Even if the court is imposing 20% of the fine or compensation as a condition for suspending the sentence, in the light of the principle laid down by the Apex Court in Jamboo Bhandari's case (supra), a reason is necessary. 8. In this case, Annexure 3 is the suspension order. It will be better to extract the same: Heard. Perused the documents. Sentence is suspended on condition that the appellant/petitioner will deposit 20% of the compensation amount before the trial court within 60 days from this date. For compliance report 25.08.2023 From the above order, i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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