Vijay Bishnoi, J. - (1.) THIS Criminal Misc. Petition under Section 482 Cr.P.C. has been preferred by the petitioner against the order dated 07.07.2015, whereby the Sessions Judge, Bikaner imposed a condition of depositing Rs. 1,00,000/ - while suspending the sentence of the petitioner on an application preferred under Section 389(1) Cr.P.C.
(2.) BRIEF facts of the case are that the Special Judicial Magistrate (N.I. Act Cases) No. 1, Bikaner has convicted the petitioner for commission of offence punishable under Section 138 of Negotiable Instrument Act and sentenced him for one year's simple imprisonment and further directed to pay a compensation of Rs. 2,50,000/ - vide judgment dated 11.06.2015. Being aggrieved with the judgment dated 11.06.2015, the petitioner has preferred a statutory appeal under Section 374 Cr.P.C. before the Sessions Judge, Bikaner. Along with aforesaid appeal, an application under Section 389(1) Cr.P.C. was also preferred for suspension of sentence awarded by the learned trial court. The Sessions Judge, Bikaner has allowed the application for suspension of sentence with a condition to deposit Rs. 1,00,000/ - vide order dated 07.07.2015. The petitioner has challenged the imposition of condition of depositing Rs. 1,00,000/ - by way of this Criminal Misc. Petition.
(3.) LEARNED counsel for the petitioner has submitted that while exercising the powers under Sub -Section (1) of Section 389 Cr.P.C., the Sessions Judge, Bikaner has no jurisdiction to impose the condition of depositing Rs. 1,00,000/ - and as such the order passed by the Sessions Judge, Bikaner upto that extent is illegal and liable to be quashed.;