JETHMAL Vs. STATE

JUDGEMENT

(1.) The petitioner herein was convicted and sentenced for offence under Section 138. N.I. Act vide judgment dated 13.09.2019 passed by learned trial court. Aggrieved thereby, the petitioner preferred an appeal alongwith application under Section 389 Cr.P.C. for suspension of sentences before learned Sessions Judge who vide order dated 11.11.2019 suspended the sentences awarded to the petitioner by the learned trial court and released him on bail subject to depositing 20% of the compensation amount. However, as the petitioner could not deposit the said amount within the stipulated time, the petitioner was arrested and sent to judicial custody vide order dated 03.03.2020. The application seeking extension of time for depositing the amount has also been rejected vide order dated 04.03.2020.

(2.) Now a report through email has been received from the court of Addl. Sessions Judge No.5, Bikaner as per which, the appeal (No.11/2019) preferred by the petitioner against his conviction has been allowed on the basis of a compromise arrived at between the parties and he has been acquitted of the charge under Section 138 of the N.I. Act.

(3.) In this view of the matter, nothing survives for consideration of this Court in this misc. petition, which is disposed of as infructuous. The stay application is also disposed of.