ADNAN TURABI Vs. VIJAY NAIR

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner.

(2.) Notice to be issued to the respondent is dispensed with as the respondent has not appeared before the Appellate Court in Crl. A. No. 836/2017 and the said appeal is dismissed for not taking steps against the respondent.

(3.) Perused the records. Petitioner has called in question the judgment and sentence passed by the trial Court in C.C. No. 6554/2016 under Section 138 of N.I. Act. The appellate Court while passing orders on application for suspension of sentence under Section 389 of Cr.P.C., has imposed a condition to deposit 15% of the fine amount within one month. Learned counsel for the petitioner submits that he has complied with the said order. However, the order sheet shows that on 17.8.2017, 25.9.2017 and 20.11.2017, the appellant and his counsel have remained absent. They have not taken steps for issuance of notice to the respondent. Therefore, the appeal came to be dismissed for default.