ORDER :

Farjand Ali, J.

By way of filing the instant criminal revision petition, challenge has been made to the order dated 01.11.2022 passed by the learned Additional Sessions Judge No.2 Anoopgarh, District Sri Ganganagar (hereinafter referred to as 'the appellate Court) in Criminal Appeal No.217/2021 whereby the bail bonds of the petitioner were forfeited and a warrant of arrest was issued. At the same time, the learned appellate Court had directed to send the matter back to the Court of Judicial Magistrate, Anoopgarh for compliance of the order of sentence dated 28.05.2019 passed by the learned Judicial Magistrate, Anoopgarh (herein after referred to as 'the trial Court') in Criminal Case No. 374/2016 (1318/2016).

2. Briefly stated that facts which are necessary for disposal of the instant criminal revision petition are that the petitioner was tried for the offence under section 138 of the Negotiable Instruments Act and vide judgment dated 28.05.2019, he was held guilty for the offence under section 138 of the NI Act and sentenced to suffer two years simple imprisonment alongwith a fine of Rs.4,07,000/- and in default in payment of fine, further to undergo six months' simple imprisonment.

3. Aggrieved by the judgment of conviction and order of sentence, the petitioner preferred a Criminal Appeal No.217/2021 under Section 374 Cr.P.C. alongwith an application under Section 389 Cr.P.C. for suspension of sentence awarded by the trial Court. The appeal was registered and vide order dated 20.10.2021, the application for suspension of sentence came to allowed by the learned appellate Court with the stipulation to deposit 20% of the fine amount as ordered by the trial Court. Pursuant to the order suspending sentence, the petitioner though executed bail bonds, but sought time for depositing the amount as directed. It is appearing that reasonable opportunities were afforded to the petitioner but he failed to deposit the 20% of the fine amount as directed by the learned trial Court while allowing the application under Section 389 Cr.P.C. as well as the fact that the appellant-petitioner herein, was not present on 11.05.2022. Thus, the learned appellate Court constrained to pass an order for forfeiting the bail and bonds and the record of the trial Court was sent for compliance of the order of sentence dated 28.05.2019.

4. Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State and perused the material available on record.

5. Since the small controversy is involved in this revision petition, and if notice is issued to the complainant and interim order is passed, the proceeding would be protracted, therefore, learned Public Prosecutor was directed to save the interest of the complainant.

6. A detailed report including prescription slips, discharge ticket, pathological reports etc. of the petitioner are placed on record to show that the petitioner is ailing with continuous abdominal disease and was undergoing treatment at Civil Hospital, Fazalka (Punjab). It is contended that petitioner is ready and willing to comply with the order dated 21.10.2021 passed by the learned appellate Court under Section 389 of the Cr.P.C. Owing to some inevitable circumstances, the petitioner failed to comply with the order dated 21.10.2021, but as a matter of fact, he is willing to obey the order passed the learned appellate Court.

7. Considering the overall facts and circumstances of the case, the age of the petitioner and looking to the treatment record of the petitioner, this Court deems it appropriate to interfere in the matter by exceeding