TaxTMI 
TaxTMI 
2011 (9) TMI 1227
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....tion 138 of the Negotiable Instruments Act, 1881, vide judgment dated 14.10.2009,was upheld and the appeal filed by the accused petitioner was dismissed. Before proceeding to deal with the revision on merits, it is pertinent to mention that the petitioner did not surrender before the Appellate Court at the time of pronouncement of judgment. Even in the certificate filed under Rule 311(3) of the Rules of Rajasthan High Court, the fact with regard to non surrender of the accused is reflected. Brief facts necessary for the purpose of this revision are, that non petitioner Company had filed a complaint to the effect that in consideration of the amounts borrowed by the accused petitioner under hire purchase agreement for a bus bearing registra....
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....ear 2001 and second in the year 2003. Agreement for second time loan was annexed as Ex.P.9, and the impugned cheque was issued by the accused in respect of the loan taken by him in the year 2003, the amount of which has not been repaid by the accused. The learned trial court, after hearing the parties and on the basis of material before it, passed the order impugned on 14.10.2009, and convicted the petitioner for offence under Section 138 of the Negotiable Instruments Act and sentenced him 1 year simple imprisonment alongwith a fine of ₹ 3,00,000/-, in default whereof to further undergo simple imprisonment for 1 month. As against this, the petitioner filed appeal, which was dismissed by the Additional Sessions Judge No.6, Jaipur Cit....
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....l, 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 excluded in computing the term for which he is so sentenced. As is clear from sub-section (3) of Section 389 CrPC, at the time of pronouncement of judgment by the trial court, the accused may apply for suspension of sentence, showing his intention to appeal before the appellate court. The trial court may suspend the sentence for a period of one month for filing the appeal. After filing of the appeal under Section 374 CrPC, appellate court may exercise the power under Section 389 CrPC to suspend the sentence during the pen....