The question that arises for consideration in this revision petition is whether the appellate Court under Section 389(1), Cr.P.C. could suspend the sentence of fine, while admitting the appeal and, if so, under what circumstances ?

2. The facts leading to the filing of this revision are as follows :- The petitioner filed a complaint against the respondent for the offence under Section 138 of the Negotiable Instruments Act, since the cheque issued for a sum of Rs. 5, 23, 700/- by the respondent was dishonoured and that the cheque amount was not paid despite and demand made in the statutory notice. After trial, the respondent was convicted to undergo rigorous imprisonment for six months and to pay a fine of Rs. One lakh, in default to undergo simple imprisonment for one year and she was further directed to pay Rs. 95, 000/- to the complainant as compensation out of the fine amount and the remaining amount to be deposited in Court as fine to the Government. This judgment was dated 24-4-1997. On the same date, the respondent, the accused paid Rs. 5, 000/- being the fine amount and Rs. 5, 000/- towards compensation. The respondent filed a petition for extension of time for pa