MUKTA MALHOTRA Vs. SHEELA NAGORAO GAJBHIYA

JUDGEMENT

(1.) This application bearing Inward No.8017 dated 11.08.2010 has been filed by the petitioner, who is aged 52 years, inter alia on the premise that the learned Additional Chief Judicial Magistrate No.8, Jaipur City, Jaipur, vide judgment dated 10.07.2009 convicted her for offence under Sec. 138 of the Negotiable Instruments Act and sentenced her to undergo simple imprisonment of two months and also imposed penalty of Rs. 80,000.00; with the stipulation that in case of default in payment of fine, she shall have to further undergo one month's simple imprisonment.

(2.) The accused-petitioner filed appeal against the aforesaid judgment and the complainant also filed appeal for enhancement of sentence. The appellate court, vide its judgment 16.12.2009 dismissed the appeal of the accused- petitioner whereas the appeal filed by the complainant was allowed and fine was enhanced from Rs. 80,000.00 to Rs. 1,20,000.00 with the stipulation that in case the accused petitioner fails to deposit the amount of fine then instead of one month's SI, she shall have to further undergo simple imprisonment of three months.

(3.) When the petitioner filed the present revision petition accompanied by application for suspension of sentence, this court vide order dated 11.01.2010 directed that in case the petitioner deposits a sum of Rs. 57,000.00 then the sentence awarded to the petitioner shall remain suspended during pendency of the revision petition, and she be released on bail on her furnishing personal bail bonds in the sum of Rs. 30,000.00 with two sureties each in the sum of Rs. 15000.00.