H.R.PANWAR, J. - (1.) NO one appears for respondent No. 2 though service of notice available on record dated 13.3.2008.
(2.) BY the instant criminal miscellaneous petition under Section 482, Cr.P.C. the petitioner-accused has challenged the order dated 1.3.2008 passed by the Sessions Judge. Sirohi (for short, "the Appellate Court'" hereinafter) in Criminal Appeal No. 8 of 2008 to the extent of directing the petitioner to deposit a sum of Rs. 85.000/- while suspending the sentence awarded to the petitioner by the judgment and order dated 30.6.2006 passed by the Chief Judicial Magistrate. Sirohi (for short, "'the Trial Court'" hereinafter) in Criminal Case No. 403 of 2008. I have heard learned Counsel for the petitioner-accused and the Public Prosecutor. Carefully gone through the judgment and order passed by the Trial Court convicting the accused-petitioner for the offence under Section 138 of the Negotiable Instruments Act 1881 and sentencing him to the imprisonment of six months and a fine of Rs. 1,25,000/-, and in default of payment of the line, to further undergo the simple imprisonment for 45 days.
(3.) LEARNED Counsel for the petitioner-accused has relied on a decision of the Hon'ble Supreme Court in Stanny Felix Pinto v. Jangid Buildings Pvt. Ltd. & Anr. II (2001) BC 57 (SC)= 2001(1) Apex Court Journal 189 (SC); and a decision of the Kerala High Court in P.P. Mohammed v. State of Kerala. III (2007) BC 155.;