Heard learned advocate Mr. PS Rachh for the petitioner.
It appears that the notice under section 138 (b) of the Negotiable Instrument Act, has not been received by the petitioner but has been received by his daughter. In view of decision of M. D. Thomas Vs. P. S. Jaleed & Anr, 2009 (14) SCC 398, the matter requires consideration. Hence, Rule. Learned advocate Ms. KM Shah for opponent no. 1 waives service.
As regards suspension of sentence of imprisonment, the petitioner is sentenced to undergo imprisonment of twelve months and to pay compensation of Rs. 50,000/- and in default thereof to undergo three months simple imprisonment. The petitioner is sentenced to undergo short sentence. It is not likely that the Revision Application would be heard within short time. The petitioner was on bail during the Trial and Appeal before the Lower Appellate Court, there is no report that he has misused the liberty.
Learned advocate Mr. Rachh, under instruction, states that the petitioner is prepared to deposit reasonable amount in the Court subject to his rights and contentions but some time may be granted to him to deposit the amount. In view of this statement, the petitioner shall deposit Rs. 25,000/- on or before 31st August, 2012 in the High Court without prejudice to rights and contentions and subject to result of the revision application.
In view of above, the substantive sentence of imprisonment imposed by the Trial Court on 26/12/2011 in Criminal case no. 58/2010 and confirmed by Lower Appellate Court in Criminal Appeal no. 02/2012 is suspended during the pendency of this Revision Application and the petitioner is ordered to be released on bail on executing the personal bond in the sum of Rs. 5,000/- with surety of like amount.
(BANKIM.N.MEHTA, J) *asma Top