Stanny Felix Pinto Vs. M/S. Jangid Builders Pvt. Ltd. On 15 January, 2001

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Stanny Felix Pinto v. M/s. Jangid Builders Pvt. Ltd.

Stanny Felix Pinto
v.
M/s. Jangid Builders Pvt. Ltd.

(Supreme Court Of India)

Criminal Appeal No. 86 Of 2001 (Arising Out Of Slp (Cri.) No. 26 Of 2001) | 15-01-2001

K.T. Thomas, J.

Leave granted.

2. When a person was convicted under Section 138 of the Negotiable Instruments Act and sentenced to imprisonment and fine he moved the superior Court for suspension of the sentence. The High Court while entertaining his revision granted suspension of the sentence by imposing a condition that part of the fine shall be remitted in Court within a specified time. It is against the said direction that this petition has been filed. In our view the High Court has done it correctly and in the interest of justice. We feel that while suspending the sentence for the offence under Section 138 of the Negotiable Instruments Act it is advisable that the Court imposes a condition that the fine part is remitted within a certain period. If the fine amount is heavy, the Court can direct atleast 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 lacs as a condition to suspend the sentence. When considering the total amount of fine imposed by the trial Court (twenty lacs of rupees) there is nothing unjust or unconscionable in imposing such a condition. Hence, there is no need to interfere with the impugned order. As such no notice need be issued to the respondent. Appeal is accordingly dismissed.

Appeal dismissed.

Advocates List

For the Appearing Parties - Mr. Shivaji M. Jadhav, Advocate.

Bench List

HON'BLE MR. JUSTICE K.T. THOMAS

HON'BLE MR. JUSTICE R.P. SETHI

Eq Citation

2001 (1) UC 350

2001 (1) ALT (CRL) 159

2001 (2) ACR 1807 (SC)

[2001] 1 SCR 390

(2001) 2 SCC 416

AIR 2001 SC 659

2001 CRILJ 1039

2001 (1) ALD (CRL) 389

2001 (1) PLJR 176

2001 (1) RLW 148 (SC)

JT 2001 (1) SC 620

2001 (103) 1 BOMLR 754

2001 (1) SCALE 228

(2001) SCC (CRI) 345

2001 (2) SCJ 17

LQ/SC/2001/143

HeadNote

Penal Code, 1860 — S. 380 — Conviction under S. 138 of Negotiable Instruments Act, 1881 — Sentence of imprisonment and fine imposed — Suspension of sentence — Imposition of condition for remitting part of fine — When justified — When fine amount is heavy, Court can direct atleast a portion thereof to be remitted as the convicted person wants the sentence to be suspended during the pendency of the appeal — In the present case, when considering the total amount of fine imposed by the trial Court (twenty lacs of rupees) there is nothing unjust or unconscionable in imposing such a condition — Negotiable Instruments Act, 1881, S. 138