HARI NATH PRASAD vs SHRI RAJESH DHANUKA & ANR

Re : CRAN No. 1005 of 2018

This is an application for appropriate order in connection with CRR No. 3541 of 2009. In the said application the application, the applicant, Shri Uday

Kumar Prasad Sah, appears in person on behalf of the petitioner of CRR No. 3541 of 2009 has prayed for extension of interim order passed by this

court in connection with CRR Case No. 3541 of 2009 arising out of CR Case No.

194/2005 (T.R.No. 138/2005) under section 138 of the Negotiable Instrument Act, 1881 by which the accused, Hari Nath Prasad was convicted on

finding him guilty of the offence under section 138 of the Negotiable Instrument Act, 1881 and was sentenced to suffer simple imprisonment for one

year and to pay compensation to the complainant of Rs. 2,00,000/- only. He was directed to pay compensation amount within six months from the date

of the order. The said order was appealed against before the Sessions Judge, Darjeeling in Criminal Appeal no. 2 of 2009 and the appeal was

dismissed on contest by judgment dated 07.09.2009 whereunder the appellant/convict/Hari Nath Prasad was sentenced to suffer imprisonment and

also to pay compensation of Rs. 2,00,000/- to the complainant.

He was directed to surrender before the learned Court below within 5 days from the date of the order passed by the learned Sessions Judge. Against

the said order the accused/petitioner, Hari Nath Prasad prayed for in this revisional application under section 397/401 of the Code of Criminal

Procedure challenging the judgment of conviction and sentence passed against him. By an order dated November 18, 2009 a conditional stay of the

order of sentence was passed for a period of three weeks after the Christmas Vacation i.e. on condition to deposit a sum of Rs. 50,000/- with the

learned Trial Court within 15 days from the date.

The present applicant, Uday Kumar Prasad Sah appears in person on behalf of his father, the appellant/ petitioner of CRR No. 3541 of 2009 points out

that by order dated 02.12.2009 before the Judicial Magistrate, First Class, 2nd Court, Siliguri a sum of Rs. 50,000/- was deposited in compliance of the

learned Court’s order of conditional stay of the order of sentence but no steps was taken in this case thereafter. Now the petitioner of the

Revisional application is behind the bar on being arrested on 23.03.2018. Now the applicant has been compelled to prefer this application whereunder

he has prayed for revival of the stay order of sentence dated 18.11.2009 and also to release him on bail in connection therewith. The applicant is ready

and willing to comply with the order of sentence being compensation payable to the complainant as ordered by the learned Trial Court and he is ready

to deposit a sum of Rs. 1,50,000/- as a sum of Rs. 50,000/- has already been deposited.

Considering the nature of offence and the amount involved in the application and further that the appellant being the old man aged about 60 years

suffering from various disease in serious condition he may be admitted on bail. The petitioner in CRR No. 3541 of 2009, Hari Nath Prasad may be

released on bail on deposit  of balance sum of Rs. 150000/- within 7 days from the date of communication of this order to the learned Trial Court.

The order of sentence to suffer simple imprisonment for one year be suspended till the end of May, 2018.

With the above observations and direction the CRAN No. 1005 of 2018 is disposed of without any order as to costs.

Re : CRR No. 3541 of 2009

Let this matter appear in the daily supplementary cause list on May 16, 2018.

The petitioner is thus directed to serve a copy of this application along with the annexures thereto to the Opposite Party No. 1 by the Speed Post with

Acknowledgement Due and to the learned Public Prosecutor, High Court, Calcutta who represents the State of West Bengal and to file affidavit-of-

service to such effect on the next date of hearing.

Urgent xerox certified copies of this order, if applied for, be made available to the parties.