MOHMAD HAFIZ KHAN Vs. ANAND FINANCE

JUDGEMENT

(1.) HEARD the parties. Rule. By consent, rule is made returnable forthwith.

(2.) THE applicant filed this revision seeking to quash and set aside the orders passed below Exhibit Nos. 2 and 6 in Criminal Appeal No. 19 of 2003 passed by the Additional Sessions Judge, Yavatmal. The brief reasoned facts are that the present applicant was prosecuted for an offence punishable un-der section 138 of the Negotiable Instruments Act and by an order dated 9-5-2002, the Second Judicial Magistrate, First Class, Yavatmal convicted the applicant and sentenced him to undergo rigorous imprisonment for fifteen days and to pay compensation of Rs. 1,00,000/- to the complainant Sunil Phulchand bharut, proprietor of "anand Finance, Yavatmal" and in default of payment of compensation to further undergo simple imprisonment for fifteen days.

(3.) AGGRIEVED by this judgment and order, the present applicant filed an 'appeal being Criminal Appeal No. 19 of 2003 in the Court of Additional Sessions Judge, Yavatmal. In this appeal he preferred an application (Exh. 2) for suspension of sentence and grant of bail. On this application, on 29-5-2003 the following order came to be passed. "heard. The substantive sentence of 15 days is suspended pending the disposal of appeal on condition that: (a) The appellant accused to furnish P. R. B. of Rs. 15,000/- with one solvent surety, and (2) he shall deposit compensation amount of Rs. one lac within 3 days.