MAHESHWAR DATTARAYA KALE Vs. CAPT ATUL WASUDEO DIVEKAR

JUDGEMENT

(1.) On the last date I have heard the learned counsel appearing for the parties.

(2.) The Applicant is an accused in a private complaint filed under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the said act of 1881). The respondent No. 1 is the original Complainant in the said complaint. The said complaint was heard by the learned Judicial Magistrate First class, Pune. By his Judgment and order dated 27th July, 2005, the learned magistrate sentenced the Applicant to suffer simple imprisonment of six months and to pay compensation of Rs. 13 lakhs to the Complainant and in default thereof to suffer simple imprisonment for 10 days.

(3.) An Appeal was preferred by the Applicant before the Sessions Court. The Appeal was admitted by the learned Ad hoc Addl. Sessions Judge, Pune. By order dated 22nd August, 2005, the learned Judge directed that the substantive sentence passed by the trial Court is suspended till decision of the Appeal and till then the Applicant shall be released on P. R. Bond of Rs. 25,000/- with one or two solvent sureties in the like amount. The learned Judge directed that the conviction and sentence stands suspended on the Appellant depositing half of the cheque amount i. e. Rs. 6,25,000/- within 15 days. The challenge in this Application is to the said part of the order dated 22nd August, 2005.