Swarana Kanta Sharma JUDGMENT
Swarana Kanta Sharma, J.
1. The present revision petition has been preferred under Section 397 read with Section 401 and 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") against the impugned judgment and order dated 14.03.2018 passed by learned Special Judge (PC Act), CBI-03, Dwarka District, Courts, Delhi ("Appellate Court") in Criminal Appeal No. 05/2018, to the extent that respondent no. 2 has been granted benefit of probation, and praying to uphold the order on sentence dated 19.12.2017 passed by the learned Trial Court.
2. The brief facts of the present case are that petitioner had filed a complaint under Section 138 Negotiable Instruments Act, 1881 ("NI Act") against the accused/respondent no. 2 and after completion of trial, learned Trial Court vide order dated 16.11.2017 convicted respondent no. 2, and vide order dated 19.12.2017 sentenced him to undergo simple imprisonment for a period of two months and to pay a compensation of Rs. 80,000/-to the complainant under Section 357(3) Cr.P.C within 30 days from the date of order and in default of payment of compensation to the complainant, respondent no. 2 was to undergo simple imprisonment for a period of six months.
3. Aggrieved by the order of conviction dated 16.11.2017 and order on sentence dated 19.12.2017, respondent no. 2 preferred an appeal bearing CA No. 05/2018 assailing the said orders. Learned Appellate Court vide judgment dated 14.03.2018, while upholding the conviction of respondent no. 2 under Section 138 NI Act, 1881, partly set aside the order on sentence dated 19.12.2017, and extended the benefit of probation to respondent no. 2. The relevant portion of judgment dated 14.03.2018, impugned before this Court, is as under:
"46. However, as far as impugned sentence order is concerned, since there is nothing on record to show that appellant was a previous convict and having regard to the offer made by appellant to pay the compensation amount as awarded by the Ld. trial court, this court is of the view that a case for taking a lenient view is made in favour of appellant. Accordingly, part of the impugned sentence order vide which appellant was sentenced to simple imprisonment of two months is set aside. Appellant is given the benefit of probation and is directed to file personal bond of good behaviour and conduct in the sum of Rs. 15,000/-with one surety each in the like amount for a period of three months within a week of passing of this judgment before the Id.trial court, with the condition that he shall remain under the supervision of Probation Officer, Dwarka Court for three months and shall report before the Probation Officer once in every month and shall not commit similar offence during this period of three months and if any such offence is brought to the notice of Ld.trial court this court during this period of three months, then Ld.trial court will be at liberty to impose appropriate sentence upon appellant under Section 138 of the NI Act.
47. Appellant is further directed to pay the amount of compensation of Rs. 80,000/-as awarded by the Ld. trial court within 07 days from today failing which he shall undergo simple imprisonment of six months as awarded by the Ld.trial court "
(emphasis supplied)
4. The petitioner being aggrieved by aforesaid portion of the impugned order, to the extent of grant of probation to responde........