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Judgment
Heard.
The instant criminal revision petition has been filed under
Section 397 / 401 of Cr.P.C. against the judgment dated
15.11.2017 passed by learned Addl. Sessions Judge No.4, Bikaner
in Criminal Appeal No.55/2017 (Yogesh Kumar Vs. Chandra
Shekhar & Anr., whereby the appellate court dismissed the appeal
filed by the petitioner and affirmed the judgment dated
29.03.2016 passed by Special Judicial Magistrate (NI Act Cases)
No.2, Bikaner whereby the petitioner was convicted for offence u/s
138 of the N.I. Act and sentence of one year and ten days was
passed. The petitioner was further directed to pay compensation
of Rs.3,04,800/-, and in default of payment of fine, to further
undergo one month''s simple imprisonment.
Learned counsel for the petitioner invited my attention
towards compromise-deed took placed on 17.11.2017 at Bikaner,
in which it is specifically observed that amount of cheque has
already been received by the complainant. The said compromise-
deed is hereby taken on record. Learned counsel for the petitioner
thus prayed that the sentence awarded to the petitioner may
kindly be suspended.
I have considered the rival arguments advance by the
parties and perused the judgments of the courts below. Looking
to the facts and circumstances of the case and the short sentence
awarded by the learned trial court, I consider it just and proper to
suspend the sentences awarded to the accused petitioner-
applicant.
Accordingly, the application for suspension of sentence filed
under Section 397(1) Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judicial Magistrate (N.I.
Act Cases), No.2, Bikaner in Cr. Case No.350/2013 vide order
dated 29.03.2016 as affirmed by the learned Additional Sessions
Judge No.4, Bikaner vide order dated 15.11.2017 in Cr. Appeal
No.55/2017 against the petitioner-applicant Yogesh Kumar Son of
Shri Tola Ram, shall remain suspended till final disposal of the
aforesaid revision and he shall be released on bail, provided he
executes a personal bond in the sum of Rs.50,000/- with one
surety of like amount to the satisfaction of the learned trial Judge
for his appearance in this court on 20.12.2017 and whenever
ordered to do so, till the disposal of the revision on the conditions
indicated below:-
That he/she/they will appear before the trial Court in the month of January of every year till the revision is decided. 2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were tried and convicted. A copy of this
order shall also be placed in that file for ready reference. Criminal
Misc. file shall not be taken into account for statistical purpose
relating to pendency and disposal of cases in the trial court. In
case the said accused applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.