RAM CHANDRA KHATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties. Carefully gone through the order impugned dt. 28.07.2007 passed by Sessions Judge, Hanumangarh (for short, 'the Appellate Court' hereinafter) in Criminal Appeal No. 89/2006.

(2.) IT is contended by the learned Counsel for the petitioner that the petitioner was convicted, vide judgment and order dt. 24.04.2006 passed by the Chief Judicial Magistrate, Hanumangarh (for short, 'the trial Court' hereinafter), for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act' hereinafter) and sentenced to undergo one year's rigorous imprisonment and a fine of Rs. 2,50,000/ -. The petitioner preferred an appeal and the Appellate Court, vide order dt. 20.05.2006, on an application filed by the petitioner under Section 389 of the Code of Criminal Procedure, 1973 (for short, 'the Code' hereinafter), suspended the sentence awarded to the petitioner by the trial Court. However, by a subsequent order, i.e. impugned order dt. 28.07.2007, the Appellate Court directed the petitioner to deposit a sum of Rs. 10,500/ - firstly on 29.08.2007 before the Appellate Court and thereafter on 29th of every month for twenty months, if the appeal is not decided and on such deposit, the sentence would remain suspended.

(3.) UPON hearing the learned Counsel for the parties, in my view, it appears that there are numerous appeals pending before the Sessions Judge, Hanumangarh and in most of the cases, Counsel for the appellants do not argue the appeal which gives rise to pendency of the case and, therefore, the Appellate Court modified the order dt. 20.05.2006 by the impugned order dt. 28.07.2007.