- (1.) This application is at the instance of a convict and is directed against the order dated April 18, 2011 passed by the learned Sessions Judge, Alipore in Criminal Appeal No.44 of 2011 thereby suspending the operation of sentence upon condition that the convict shall deposit a sum of Rs.50,000/- in the Court of the learned Judicial Magistrate within a period of 15 days in default the order of stay shall stand automatically vacated.
(2.) The convict/petitioner herein was sentenced to suffer simple imprisonment of 20 days and to pay a compensation of Rs.1 lakh only in a complaint case being Case No.3063 of 2004 under Section 138 of the Negotiable Instruments Act. He preferred an appeal being the Criminal Appeal No.44 of 2011 and while admitting the appeal, the learned Sessions Judge imposed a condition as indicated above. Being aggrieved, this application has been preferred.
(3.) Upon hearing the learned Counsel for the parties and on going through the materials-on-record, I find that the criminal case was started at the initiation of the private opposite party on the allegation that the convict was to pay a sum of Rs.64,000/- to the private opposite party as such a cheque was issued and the said cheque was bounced. Thereafter, after observing formalities as required under the provisions of the said Act, the said criminal case was lodged.;