1 S.B. Criminal Misc. Petition No.1487/2008 Shiv Narain vs. State of Rajasthan & Anr. 08.09.2008 HON'BLE MR.JUSTICE G.S.SARRAF Mr. Mukesh Sharma for the petitioner Mr. Arun Sharma, P.P. Brief facts giving rise to this misc. petition are that by judgment dated 28.l2.2008 passed by Chief Judicial Magistrate, Jhalawar, the petitioner was convicted under Section 138 of the Negotiable Instruments Act and he was sentenced to simple imprisonment for six months and a fine of Rs.76,000/- and in default of payment of the fine further simple imprisonment for one month. From the amount of fine, an amount of Rs.75,750/- was ordered to be paid to the complainant Rati Ram in case the fine amount was recovered. The petitioner filed an appeal. Sessions Judge, Jhalawar by order dated 1.4.2008 suspended the execution of the sentence passed against the petitioner if the petitioner deposited the entire amount of the fine in the trial court within 15 days. Against this order, the petitioner preferred a misc. petition before this Court and a Co-ordinate Bench of this Court by order dated 25.7.2008 dismissed the petition in view of the submission of the learned counsel for the petitioner that the petition had become infructuous. Sessions Judge, Jhalawar by order dated 5.5.2008 (suspending the execution of the sentence) set aside his order dated 1.4.2008 on the ground that the petitioner did not comply with the condition imposed in the order regarding deposit of the entire amount of the fine within the period stipulated therein. Aggrieved by this order, the petitioner has filed 2 this misc. petition. The limited prayer of learned counsel for the petitioner is that the petitioner be given two weeks' time to deposit the fine amount as per the order dated 1.4.2008 passed by the first appellate court. In view of the short controversy involved and the limited relief sought for, notice is not required to be given to the respondent no.2. Considering the prayer of learned counsel for the petitioner, I deem it just and proper to give to the petitioner two weeks' time from today to deposit the entire fine amount in accordance with the order dated 1.4.2008 passed by Sessions Judge, Jhalawar. Consequently, the order dated 5.5.2008 passed by Sessions Judge, Jhalawar is set aside and the petitioner is given two weeks' time from today to deposit the entire fine amount in accordance with the order dated 1.4.2008 of Sessions Judge, Jhalawar. If the petitioner fails to deposit the fine amount as indicated above then Sessions Judge, Jhalawar will proceed in the matter in accordance with law. The petition stands disposed of as above. (G.S.SARRAF),J. 3 S.B.Criminal Misc. Stay Application No.920/2008 in S.B. Criminal Misc. Petition No.1487/2008 Shiv Narain vs. State of Raj. & Anr. 09.09.2008 HON'BLE MR.JUSTICE G.S.SARRAF Mr. Mukesh Sharma for the petitioner Mr. Arun Sharma, P.P. Since, the main petition has been disposed of therefore, this stay application also stands disposed of. (G.S.SARRAF),J.