ATUL BHAI Vs. MOHD. HANIK

JUDGEMENT

(1.) BEING aggrieved by the order dated 12.8.2008 passed by Learned Additional Sessions Judge, Jhabua in Criminal Appeal No. 69 of 2008, whereby application filed by the petitioner under Sec. 389 CrPC for suspension of sentence awarded by the learned Trial Court was dismissed, present petition has been filed.

(2.) SHORT facts of the case are that petitioner was prosecuted by respondent No. 1 under Sec. 138 of Negotiable Instruments Act which shall be referred hereinafter as Act. The prosecution filed by the respondent No. 1 was registered as case No. 679 of 2007 and vide judgment dated 23.7.2008 passed by JMFC, Jhabua, petitioner was convicted under the Act and was directed to pay a sum of Rs. 1,50,000/- as compensation and RI of one year. Upon filing of an application by the petitioner the jail sentence was suspended by the learned Trial Court vide order dated 23.7.2008 for a period of 15 days upon depositing a sum of Rs. 20,000/-. This amount was duly deposited by the petitioner and also appeal was filed alongwith an application for suspending the sentence. The appeal filed by the petitioner was registered as Criminal Appeal No. 69 of 2008 and vide order dated 12.8.2008, the application filed by the petitioner for suspension of sentence was dismissed on the ground that as per direction of the learned Trial Court steps were not taken by the petitioner in time for filing of the appeal and the application for suspension of sentence against which the present petition has been filed.

(3.) LEARNED counsel submits that immediately thereafter the amount of Rs. 20,000/-was deposited by the petitioner and appeal was also filed by the petitioner alongwith application in time. It is submitted that the impugned order passed by the learned Court below is illegal which deserves to set aside.