DEEN MOHAMED Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By way of this Criminal Misc.Petition under Sec. 482 Crimial P.C. the accused-petitioner has challenged that part of the order dated 7.5.2015 passed by the Additional Sessions Judge No.10, Jaipur Metropolitan, Jaipur in Criminal Appeal No.40/2015 whereby the learned appellate Court directed the accused-petitioner to deposit an amount of rupees two lacs within a period of one month from the date of the aforesaid order in the trial Court.

(3.) Brief relevant facts for the disposal of this petition are that the respondent-complainant filed a complaint against the accused-petitioner for offence under Sec. 138 of the Negotiable Instrument Act and the learned trial Court i.e. Special Metropolitan Magistrate (N.I.Act Cases) No.10, Jaipur Metropolitan, Jaipur in Criminal Complaint Case No.26/2015 vide its judgment and order dated 9.4.2015 convicted the petitioner for the aforesaid offence and sentenced him to undergo simple imprisonment for two years and with a fine of rupees twenty lacs. Feeling aggrieved by the aforesaid judgment and order, the petitioner filed the aforesaid appeal before the appellate Court and while suspending the sentence awarded by the trial Court, the appellate Court vide impugned order dated 7.5.2015 imposed upon the petitioner the aforesaid condition which is subject matter of the present petition.