(1.) Rule. Shri D.M.Devnani, learend Additional Public Prosecutor waives service of Rule for the respondent - State.
(2.) The present application is filed under Section 497 read with Section 401 of the Code of Criminal Procedure, 1973, for suspension of sentence and to release the applicant on bail pending the Revision Application. Learned Additional Chief Metropolitan Magistrate, N.I. Court No.32, Ahmedabad vide judgment dated 31.07.2017 passed in Criminal Case No.3200209 of 2016 (Old Case No.856 of 2014) convicted the applicant for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 and sentenced to undergo simple imprisonment for one year and also awarded compensation of Rs.3,80,000/- under Section 357(3) of the Cr.P.C. in default of payment of compensation amount to further undergo simple imprisonment for three months.
(3.) Feeling aggrieved by the said judgment and order of sentence, the applicant filed Criminal Appeal No.9 of 2018 before the City Civil and Sessions Court, Ahmedabad. Learned Additional Sessions Judge, City Civil and Sessions Court No.34, Ahmedabad, vide judgment below Exhibit-14 dated 20.02.2020 confirmed the judgment below Exhibit-41 dated 31.07.2017 passed by learned Additional Chief Metropolitan Magistrate, N.I.Court No.32, Ahmedabad. The applicant therefore filed Criminal Revision Application No.386 of 2020 challenging the aforesaid judgment dated 20.02.2020. In the said Revision Application this Court on 13.03.2020, the following order was passed :