Vijay Bishnoi, J. - (1.) THE petitioner has filed this criminal misc. petition while challenging the order dated 29.10.2014 passed by the Sessions Judge, Pali whereby an application under Section 389 Cr.P.C. filed by the petitioner for suspension of sentence awarded to him by the learned trial court has been decided while imposing a condition that he shall deposit a fine of Rs. 3,12,000/ - within a period of ten days and also submit bail bonds of Rs. 10,000/ -. The petitioner has challenged the order dated 29.10.2014 to the extent of imposing the condition of depositing the amount of fine.
(2.) BRIEF facts of the case are that in a proceeding under Section 138 of the Negotiable Instrument Act, the petitioner was convicted by the Additional Chief Judicial Magistrate, Pali (hereinafter referred to as 'the trial court') vide judgment and order dated 1.4.2013 and he was sentenced for six months rigorous imprisonment and was also ordered to pay a fine of Rs. 3,12,000/ -, in default of which, he will further undergo sentence for two months' simple imprisonment. Feeling aggrieved of the said judgment passed by the learned trial court dated 1.4.2013, the petitioner preferred an appeal before the Sessions Judge, Pali (hereinafter referred to as 'the appellate court'). Along with the said appeal, the petitioner filed an application under Section 389 Cr.P.C. for suspension of sentence awarded by the learned trial court during the pendency of the appeal. The appellate court decided the application for suspension of sentence vide impugned order dated 29.10.2014 and ordered that the sentence awarded to the petitioner by the trial court is suspended subject to the condition that the petitioner may deposit the amount of fine within a period of ten days.
(3.) BEING aggrieved with the said condition of depositing fine, the petitioner has filed this criminal misc. petition.;