BIKRAM KUMAR JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision arises out of the order dated 12.02.2009 passed by the learned Sessions Judge, Khurda at Bhubaneswar in Criminal Appeal No. 8 of 2009, directing the petitioner to deposit a sum of rupees one lakh within a period of one month before the trial Court, as a condition precedent for suspension of the sentence.

(2.) The facts relevant for disposal of this revision are as follows:

(3.) Petitioner faced trial in the Court of S.D.J.M., Bhubaneswar for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (in short 'the Act'). Learned Trial Court, on consideration of the evidence, found the petitioner guilty of offence under Section 138 of the Act. Consequently, the petitioner was sentenced to suffer S.I. for six months and to pay a compensation of Rs. 15,00,000/ - (fifteen lakhs) to the complainant. Impugning the trial Court's judgment, petitioner preferred an appeal before the learned Sessions Judge, Khurda at Bhubaneswar. In the appeal, two petitions were filed, one for enlargement of the petitioner on bail and another for suspension of the sentence pending disposal of the appeal. Learned Sessions Judge granted bail to the petitioner and suspended the sentence so far as payment of compensation is concerned subject to the petitioner depositing Rs. 1,00,000/ - (one lakh) before the trial Court within a period of one month. The later order has been impugned in the present revision.