LAXMI NARAIN BUNKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) With the consent of the parties, criminal revision petition is heard finally. It is a case where petitioner was convicted for offence under section 138 of the Negotiable Instruments Act and sentenced to two years' simple imprisonment and compensation of Rs. 2,89,500/- in view of section 357(3) Cr.P.C. The appeal preferred against the order of the trial court was dismissed. Hence, revision petition along with application of suspension of sentence. The application for suspension of sentence was allowed on the condition to deposit Rs. 1,44,500/- and accordingly, petitioner deposited the said amount, which is lying with trial court.

(2.) It is stated that petitioner will further deposit remaining amount of Rs. 1,45,000/- with the trial court thus sentence for imprisonment of two years may be set aside. This is more so when petitioner remained behind bars for almost four months and 15 days, which may otherwise be taken in satisfaction of the sentence by reducing it. The challenge to conviction has not been made.

(3.) Learned counsel for respondent No. 2 submits that conviction has not been challenged by the petitioner and if he deposits a sum of Rs. 1,45,000/- i.e. remaining amount of compensation, within a period of 8 months, Court may appropriately modify the order passed by the court below.