Order

1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 10.02.2021 passed by the learned Judicial Magistrate, Gharsana, District Sri Ganganagar in Criminal Regular Case No.90A/2011 whereby he was convicted and sentenced to suffer maximum imprisonment of 1 year under Section 138 of NI Act along iwth amount of compensation to the tune of Rs.3,00,000/- and in default of payment of fine, he has to undergo 1 month SI.

2. Learned counsel for the petitioner submits that the learned trial court as well as the learned appellate court has committed an error of law in appreciating the evidence brought on record, therefore, the material would be required to be appreciated again. Hearing of the revision petition would likely take long time. He further submits that the petitioner is ready and willing to deposit 50 per cent out of the cheque amount with the trial court. He further submits that the petitioner has surrendered and is presently confined in the Sub Jail, Anoopgarh, and prays for his release.

3. Learned Public Prosecutor opposed the application for suspension of sentence.

4. Upon consideration of the grounds raised in the memo of the revision, looking to the totality of facts and circumstances of the case, the petitioner is willing to deposit 50 per cent of the cheque amount with the trial court; hearing of revision is likely to take further more time and considering the overall submissions while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the revision, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-petitioner.

5. Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the sentence passed vide judgment dated 10.02.2021 by the learned Judicial Magistrate, Gharsana, District Sri Ganganagar in Criminal Regular Case No.90/2011 shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail subject to the condition that he shall deposit 50 per cent of the cheque amount with the trial court and provided he executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge and whenever ordered to do so till the disposal of the revision on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his 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.

6. The petitioner is directed to deposit 50 per cent of the cheque amount within a period of 30 days from the date of his release, along with an undertaking to that effect.

7. After receipt of the 50 per cent of the cheque amount, learned trial Court shall disburse the same in favour of the complainant of this case.