- (1.) Vide order dated 7.1.2012 of the Judicial Magistrate Ist Class, Panchkula, the petitioner was convicted for an offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo RI for one year) He was also directed)to pay compensation to the extent of Rs. 2 lacs to the complainant. Bail and surety bonds of the convict, furnished during the trial, were ordered to be discharged.
(2.) As per the facts emerging before this Court, the aforesaid order was challenged by the petitioner before the Additional Sessions Judge, Panchkula, by filing an appeal on 3.2.2012. On 4.2.2012, the Additional Sessions Judge, Panchkula passed the following order: "Appeal received by way of entrustment. As there are arguable points in the appeal, it be checked and registered. Heard on the application for suspension of sentence as well as for grant of bail filed by the appellant. Pending appeal proceedings, the judgement of conviction and order of sentence passed by the court of Ms. Renu Rana, learned Judicial Magistrate Ist Class, Panchkula, shall remain suspended and the appellant is admitted to bail on his furnishing a bail bond in the sum of Rs. 10,000/- with one surety in the like amount subject to the condition that he shall pay 50% of the compensation awarded by the learned trial Court to the respondent- complainant within a week from today. The appellant has stated that no surety is available today and he intends deposit the surety amount in cash. Heard. Request is allowed. Surety amount of Rs. 10,000/- deposited today and the same be deposited under appropriate head. Personal bond furnished, accepted and attested. In view of the condition imposed by this Court while granting bail, learned counsel for the appellant- accused while submitting that in view of authority of the Hon'ble Apex Court, no such condition can be imposed and he has sought time for producing the case law. To come up on 06.02.2012 for the said purpose."
(3.) The aforesaid order is under challenge before this Court.;