BALDEV SINGH Vs. MEVA SINGH

JUDGEMENT

(1.) The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dtd. 12/8/2016 passed by the learned Additional Chief Judicial Magistrate, Padampur, District Sri Ganganagar in Criminal Case No.489/2011, whereby he was convicted and sentenced to suffer imprisonment of one years for the offence under Sec. 138 of the NI Act with a fine of Rs.3,15,000.00 and the judgment dtd. 16/2/2023 passed by the learned Additional Sessions Judge, Sri Karanpur, District Sri Ganganagar dismissing the appeal preferred against the aforesaid judgment.

(2.) Learned counsel for the petitioner submits that the learned trial court as well as the learned appellate court has committed an error of law in appreciating the evidence brought on record, therefore, the material would be required to be appreciated again. The petitioner willing to pay an amount of Rs.57,000.00 out of the total cheque amount of Rs.1,57,500.00 with the trial court at the time of furnishing the bail bonds. The petitioner was on bail during trial and during the course of appeal. Presently he is in judicial custody. He is 75 years old and ailing with several diseases. Hearing of the revision petition would likely take long time.

(3.) Heard learned counsel for the petitioner, learned Public Prosecutor and perused the material available on record.