Suspension of sentence in cheque dishonour revision may be granted on deposit, bonds and undertaking.

Execution of the sentence for an offence under Section 138 of the Negotiable Instruments Act may be suspended during pendency of revision, if the court considers suitable terms and safeguards. The text states that where imprisonment and a fine were imposed and affirmed in appeal, suspension could be granted subject to deposit of a reasonable part of the fine, along with personal and surety bonds and an undertaking to appear and surrender if the revision fails. The sentence was ordered to remain suspended on deposit of 10% of the fine within four weeks, together with the required bonds and undertaking.

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Issues: Whether the execution of the sentence imposed for the offence under Section 138 of the Negotiable Instruments Act, 1881 should be suspended during pendency of the revision, subject to conditions.

Analysis: The order notes that the trial court had imposed imprisonment and a fine equal to twice the cheque amount, and that the sentence was affirmed in appeal. Relying on the principles recognised in the cited decisions, the Court held that suspension of the sentence could be granted on terms, and that it was permissible to require deposit of a reasonable part of the fine amount together with bonds and an undertaking to appear and surrender if the revision failed.

Conclusion: The sentence was ordered to remain suspended on condition of deposit of 10% of the fine amount within four weeks and furnishing personal and surety bonds with the required undertaking.

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