SHIVRAJ SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This Criminal Misc. Petition under Section 482, Cr. P. C. has been preferred by the petitioner against the order dated 15.01.2015, whereby the Additional Sessions Judge No. 1, Sri Ganganagar imposed a condition of depositing Rs. 2,00,000/- while suspending the sentence of the petitioner on an application preferred under Section 389 (1), Cr. P. C.

(2.) Brief facts of the case are that the Special Judge (N.I. Act Cases) No. 1, Sri Ganganagar in Criminal Case No. 1213/2009 has convicted the petitioner for commission of offence punishable under Section 138 of Negotiable Instruments Act and sentenced him for one year's simple imprisonment and further directed to pay a compensation of Rs. 5,00,000/- under Section 357, Cr. P. C. vide judgment dated 18.12.2014.

(3.) Being aggrieved with the judgment dated 18.12.2014, the petitioner has preferred a statutory appeal under Section 374, Cr. P. C. before the Additional Sessions Judge No. 1, Sri Ganganagar. Along with aforesaid appeal, an application under Section 389(1), Cr. P. C. was also preferred for suspension of sentence awarded by the learned trial court. The Additional Sessions Judge No. 1, Sri Ganganagar has allowed the application for suspension of sentence with a condition to deposite Rs. 2,00,000/- vide order dated 15.01.2015. The petitioner has challenged the imposition of condition of depositing Rs. 2,00,000/- by way of this Criminal Misc. Petition.