On a complaint preferred by the petitioner, learned Magistrate found that cheque for Rupees One lakh issued by the first respondent for discharge of legally enforceable debt/liability was dishonoured for insufficiency of funds, inspite of petitioner intimating dishonour and demanding payment of the amount, first respondent did not pay the amount and thereby first respondent committed the offence punishable under S.138 of the Negotiable Instruments Act (for short, the Act). He was convicted of the said offence but instead of sentencing him as provided in the Act, he was released under S.4(1) of the Probation of Offenders Act (for short, the P.O. Act) on executing bond for Rs.5,000/-with two sureties for the like sum each to appear and receive sentence when called upon during a period of one year and in the meantime to keep peace and be of good behaviour. That part of the judgment is under challenge in this revision at the instance of the complainant.

1. 2. The questions raised are whether a revision at the instance of the petitioner who could have challenged the impugned order by way of appeal is maintainable and whether, it is expedient in the ends of justice to release a