2011 (9) TMI 1226

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..... this revision petition under Sections 397 read with 401 CrPC against the order dated 5.6.2010 passed by First Appellate Court whereby his appeal No.18/2010 had been dismissed and the order of conviction and sentence for offence under Section 138 of the Negotiable Instruments Act, 1881 passed by Judicial Magistrate No.3, Jaipur City, in Criminal Complaint No.146/2007, had been upheld. As per the .....

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..... rocedure prescribed under the Negotiable Instruments Act, filed aforesaid criminal complaint and the Court took cognizance against the petitioner. In order to substantiate his complaint, the non petitioner examined himself as PW.1, proved the documentary evidence and after completion of complainant's evidence, petitioner was examined under Section 313 CrPC, who denied having written or given .....

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..... urt passed the order impugned. As per Section 389(3) CrPC the Trial Court convicted the accused, has been given power to suspend the sentence for one month. Section 389 CrPC is reproduced as under:- 389. Suspension of sentence pending the appeal; release of appellant on bail. (1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, orde .....

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..... ch period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1), and the sentence of 'imprisonment shall, so long as he is so released on bail, be deemed to be suspended. (4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be exclu .....

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..... ept to take the accused in custody and send him to jail to serve the sentence. Admittedly, in the present case, the accused was not present before the Appellate Court at the time of pronouncement of judgment and he did not surrender as per requirement of law, therefore, in absence of his surrender the present revision petition is not maintainable. As per R.311 of the High Court Rules also, the pe .....

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