AJAY Vs. LAXMIKANT TRADING CO. PVT. LTD.

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of parties.

(2.) The petitioners faced prosecution in a private complaint filed on behalf of the respondent for the offence punishable under Section 138 of Negotiable Instruments Act (N.I. Act for short). The proceedings which were registered as Sum. Criminal Complaint Case No. 935 of 2009 were for dishonour of cheque for Rs. 05,45,000/-. The trial Magistrate found the petitioners guilty of the offence punishable under Section 138 of N.I. Act and directed them to suffer simple imprisonment for four months and to pay compensation of Rs. 5,80,000/- and in default to further undergo simple imprisonment for two months.

(3.) Feeling dissatisfied with the said judgment and order of conviction, statutory appeal was preferred before the appellate Court. The said appeal was registered as Criminal Appeal No. 65 of 2015. Along with the appeal, an application under Section 389 of Code of Criminal Procedure for suspension of substantive jail sentence and for grant of bail was also filed. The said application was allowed by the learned Sessions Judge vide order dated 17.6.2015. The learned Sessions Judge suspended the substantive jail sentence, however imposed following conditions :