Yogesh Kumar Son of Shri Tola Ram vs Chandra Shekar S/o Prakash Bihari

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.