BASAVARAJU Vs. A. RAJAGOPAL

JUDGEMENT

(1.) THIS petition is filed seeking to allow the 'application filed for suspension of sentence in Crl. A. No. 261/2013 pending on the file of the Fast Track Court -IV, Bangalore. The petitioner was convicted for an offence punishable under Section 138 of N.I. Act and sentenced to pay fine of Rs. 5,50,000/ - and in default of payment of the said amount to undergo Simple Imprisonment for six months with a further direction that an amount of Rs. 5,00,000/ - shall be paid to the complainant in the said case. When the petitioner filed an appeal, he also filed application for suspension of the said sentence. However, the learned Sessions Judge has not passed an order of suspension of sentence but only issued notice on 09.05.2013.

(2.) SUSPENSION of sentence is a discretionary order. Therefore, there is nothing wrong in the learned Sessions Judge issuing notice on I.A. Nos. 1 and 2 mainly because the appeal has been filed after a delay of 22 days and necessarily, the complainant whose money is involved in the case requires to be heard. However, Sri. T. Kodandarama, learned counsel for the petitioner submits that warrant has been issued against the petitioner in the criminal case. In view of the above peculiar circumstances, I am of the view that the recalling of the warrant would meet the ends of justice. Therefore, the warrant issued by the 12th Additional Chief Metropolitan Magistrate, Bangalore in C.C. No. 8692/2009, if any, is hereby directed to be recalled till the disposal of I.A. No. 2/2013 in Crl. A. No. 261/2013 by the Fast Track Court -IV, Bangalore. The learned Sessions Judge is hereby directed to dispose of the application on I.A. No. 2 on or before 23.05.2013. Till then, the warrant shall not be executed. The petition is disposed of accordingly.