Aman Deep vs State of H.P. and Another

Surjit Singh, J.—Heard and gone through the record.

Petitioner has been convicted of offence, u/s 138 of the Negotiable Instruments Act, and sentenced to undergo imprisonment for one year and to pay compensation of Rs. 1,50,000/-. Order of conviction and sentence was passed by Judicial Magistrate 1st Class, Court No. 2, Amb, on 21st September, 2010. Sentence was suspended to enable the Petitioner to file appeal. Petitioner filed appeal on 18th October, 2010, or say within the prescribed time limit. He also made an application to the Appellate Court for suspension of sentence. Appellate Court passed order on 21st October, 2010, suspending the sentence, on the condition that out of the amount of compensation, a sum of Rs. 1,10,000/- was deposited, within one month. This period of one month is to expire on 20th November, 2010.

In the meanwhile, on 20th October, 2010, learned Judicial Magistrate, who convicted and sentenced the Petitioner, passed an order for issuance of non-bailable warrant of arrest against the Petitioner, as by that date he had not produced any order from the Appellate Court, suspending the sentence.

Petitioner has approached this Court, by means of the present petition, u/s 482 of the Code of Criminal Procedure, for quashing the order of issuance of non-bailable warrant of arrest as also the non-bailable warrant of arrest issued pursuant to that order.

In the light of the facts, as narrated hereinabove, petition is allowed. Order dated 20th October, 2010, passed by learned Judicial Magistrate, for issuance of non-bailable warrant of arrest, is quashed and consequently non-bailable warrant of arrest issued against the Petitioner, pursuant to the aforesaid order, is also quashed.

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