HONOURABLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.284 OF 2008 ORDER: This Criminal Petition is filed by the petitioners – Accused Nos.3 to 5, against the order dated 04-01-2008 in Criminal M.P. No.17 of 2008 in Criminal Appeal No.1 of 2008 on the file of the learned Special Judge for the Trial of the Offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act – cum – VI Additional Metropolitan Sessions Judge, Secunderabad. 2. The petitioners are found guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.5,000/- each, in default to suffer simple imprisonment for three months each, vide judgment dated 03-12-2007 in C.C. No.786 of 2003 passed by the learned XI Additional Chief Metropolitan Magistrate, Secunderabad. The trial Court suspended the sentence till 02-01-2008. The petitioners preferred the appeal before the Sessions Judge concerned on 02.01.2008 and filed the application therein under Section 389(1) of Cr.P.C. to suspend the sentence. The appeal was made over to the Court of the VI Additional Metropolitan Sessions Judge, Secunderabad. The appellate Court has not suspended the sentence on the ground that the petitioners are negligent in preferring the appeal within reasonable time. 3. Heard both sides. 4. In view of the fact that the petitioners were on bail during trial, it is desirable to suspend the sentence of imprisonment pending disposal of the Criminal Appeal. 5. Hence, the Criminal Petition is allowed suspending the sentence of imprisonment as imposed by the trial Court against the petitioners, pending disposal of the Criminal Appeal, on the same terms as imposed by the trial Court. ____________ K.C. BHANU, J July 22, 2010 KTL