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Judgment
8 paragraphs · 144 wordsP.Somarajan, J
The condition incorporated directing deposit of 20% of the cheque amount which comes to Rs.26,000/- for suspension of sentence by the appellate
court brought under challenge on the reason that due to the ongoing pandemic the petitioner could not collect the said amount. The legal position was
very much settled by the Apex Court in Surender Singh Deswal and others v. Virender Gandhi [(2019) 11 SCC 341]. It is in tune with the said
judgment, the First Appellate Court directed to deposit 20% of the cheque amount so as to suspend the sentence on the accused. It is made clear that
the lower court is at liberty to grant further time taking into consideration of ongoing pandemic for complying with the said order. There is no reason
for exercising the jurisdiction under Section 482 Cr.P.C..
Hence, the Crl.M.C. is dismissed in limine.