MAHESH BHATEJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three applications of accused-petitioner Mahesh Bhateja have been filed along with criminal revisions filed by the accused-petitioner. The accused-petitioner has been convicted in three cases by the Trial Court as well as by the first appellate Court under Sec. 138, NI Act, 1881 as follows:-

(2.) The petitioner seeks suspension of sentence under the provisions of Sec. 389, Crimial P.C. but Sec. 389, Crimial P.C. gives power of suspension of sentence to this Court only in relation to appeals pending before this Court. There is difference between appeal and revision. Only because that there is a revision pending in this Court, the sentence of petitioner cannot be suspended under Sec. 389, CrPC.

(3.) When this Court proposed that amount of fine or its part should be deposited by the revision petitioner for getting the order of suspenstion in his favour, the proposal was opposed by the petitioner and in support of arguments, the learned counsel for the petitioner has cited following rulings :