Vijay Bishnoi, J. - (1.) THE petitioner has filed this criminal misc. petition while challenging the order dated 17.01.2015 passed by the Additional Sessions Judge No. 1, Sri Ganganagar (hereinafter referred to as 'the appellate court'), whereby an application under Section 389 Cr.P.C. filed by the petitioner for suspension of sentence, awarded to him by the Special Judicial Magistrate (NI Act Cases) No. 1, Sri Ganganagar (hereinafter referred to as 'the trial court'), has been decided while imposing a condition that he shall deposit a fine of Rs. 1,00,000/ - and also furnish a personal bond in the sum of Rs. 50,000/ - and one surety bond of like amount. The petitioner has challenged the order dated 17.01.2015 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 trial court and sentenced for six months' simple imprisonment vide judgment and order dated 20.12.2014. He was also directed to pay compensation in the sum of Rs. 2,50,000/ - to the complainant. Feeling aggrieved of the aforesaid judgment passed by the trial court dated 20.12.2014, the petitioner preferred an appeal before 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 trial court during the pendency of the appeal. The appellate court decided the application for suspension of sentence vide impugned order dated 17.01.2015 and ordered that the sentence awarded to the petitioner by the trial court shall remain suspended subject to the condition that the petitioner may deposit the amount of fine i.e. Rs. 1,00,000/ - and also furnish a personal bond in the sum of Rs. 50,000/ - and one surety bond of like amount.
(3.) BEING aggrieved with the said condition of depositing fine, the petitioner has filed this criminal misc. petition.;