The main legal point established in the judgment is the court's discretion to extend the benefit of probation under the Probation of Offenders Act based on the nature of the offence and the character of the offender.

JUDGMENT

Pushpendra Singh Bhati, J. - In the wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

2. This Criminal Appeal has been preferred under Section 374 Cr.P.C. praying for the following reliefs:-

"It is, therefore, most respectfully prayed that this criminal revision petition may kindly be allowed and the impugned judgments dated 04.05.2010 & 29.06.2012 passed by the learned Special Judicial Magistrate (Negotiable Instrument Act Cases) No. 2, Udaipur and the learned Addl. Session Judge No. 2, Udaipur in appeal respectively may kindly be quashed and set aside and the petitioner be acquitted honorably."

3. The matter pertains to an incident that occurred in the year 2000 and the present appeal has been pending since 2012.

4. Vide impugned judgment dated 29.06.2012 the learned Additional Sessions Judge No. 2, Udaipur in Criminal Appeal No. 04/2011 affirmed the judgment dated 04.05.2010 passed by learned Special Judge Magistrate (NI Act Cases) No. 2 Udaipur in Case NO. 3083/2009 convicted the petitioner for the offence under Section 138 of Negotiable Instrument Act.

5. Learned counsel for the petitioner furnished a certificate issued by Rajasthan Marudhara Gramin Bank dated 16.03.2016 which reflects that the bank has completely closed the loan account of the petitioner on account of satisfaction of the due amount.

6. Learned counsel for the accused-petitioner submits that the accused-petitioner do not have any criminal antecedents to his discredit.

7. Learned counsel for the accused-petitioner further submits that the sentence awarded to the accused-petitioner was suspended by this Hon'ble Court vide the order dated 04.07.2012 passed in S.B. Criminal Misc. Bail Application (Suspension of Sentence No. 160/2012 and thus, he is on bail.

8. Learned counsel for the accused-petitioner however, makes a limited prayer that the accused-petitioner may be granted benefit under Section 4 of the Probation of Offenders Act, 1958 (hereinafter referred to as 'the Act').

"4. Power of court to release certain offenders on probation of good conduct-

(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, as the court may direct and in the meantime to keep the peace and be of good behaviour: Provided that the court shall not direct such release of an offender unless it is satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond.

(2) Before making any order under sub-section (1), the court shall take into consideration the report, if any, of the probation officer concerned in relation to the case.

(3)...

(4)...

(5)... "

9. On the other hand, learned Public Prosecutor opposes the appeal and submits that looking to the overall facts and circumstances of the case and the well reasoned speaking order passed by the learned court below, the accused-petitioner are not entitled for any indulgence by this Court.

10. Heard learned counsel for the parties as well as perused the record of the case.

11. In Arvind Mohan Sinha v. Amulya Kumar Biswas (1974) 4 SCC, the Hon'ble Apex Court observed as under:-

"Th