PRAVEEN BANSAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and carefully perused the relevant material including the impugned orders on record.

(2.) Having considered the submissions made at the bar and carefully perused the relevant material available on record, it is noticed that the Additional Chief Judicial Magistrate, No. 2, Jaipur City, Jaipur vide order dated 15th January, 2010, convicted Mohd. Saleem in the offence under Section 138 of N.I. Act and sentenced him to simple imprisonment for two years together with a fine of Rs. 9,50,000/-; in default of payment of fine to further suffer six months' simple imprisonment. Being aggrieved with this judgment, the accused respondent No. 2 Mohd. Saleem filed an appeal before the learned Appellate Court, who after affording an opportunity of being heard to both the parties, suspended the sentence till the decision of the appeal. The petitioner prayed the court that the accused respondent No. 2 Mohd. Saleem may be directed to deposit the half of the amount of fine in the court but this prayer was dismissed.

(3.) Challenge in this petition filed under Section 482 of Criminal Procedure Code has been made to the order dated 08.02.2010 whereby the Additional Session Judge (Fast Track) No. 1, Jaipur City, Jaipur dismissed the aforesaid prayer of the petitioner Praveen Bansal.