ELECTROMECH ENGINEERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petitioner faced trial for offence punishable under Section 138 of Negotiable Instruments Act in Criminal Complaint No. 600 dated 30.10.2007/2.3.2012 and was convicted by the Trial Court vide its judgment dated 4.3.2013 and sentenced to undergo RI for a period of one year for offence punishable under Section 138 of Negotiable Instruments Act and further to pay compensation to the tune of Rs. 45 lacs in terms of Section 357(3), Cr.P.C. to the complainant within a period of two months from the date of passing of order and in default of payment of compensation the petitioner was to further undergo RI for a period of three months in view of law laid down by Hon'ble the Apex Court in case of Hari Singh v. Sukhbir Singh, 1988 (4) SCC 551. Aforesaid judgment of conviction and order of sentence was challenged by way of filing an appeal before Additional Sessions Judge, Yamuna Nagar, which was dismissed vide judgment dated 17.4.2014 and judgment of conviction and order of sentence passed by the Trial Court was upheld.

(2.) AFTER loosing the case before the two Courts below, the present revision petition has been filed by raising various arguments.

(3.) IN response to notice of motion, Mr. G.P. Singh, Advocate appeared on behalf of respondent No. 2 on 30.7.2014 and submitted that the petitioner has not surrendered after dismissal of his appeal before the lower appellate Court and order of suspension of sentence cannot be passed without his surrendering before the Court. The case was adjourned on the request of learned Counsel for the parties to address arguments as to whether the arrest/surrender of accused is necessary before passing of order of suspension of sentence.