RAVI Vs. ARAVINDAN

JUDGEMENT

(1.) Heard counsel for petitioner and PP. The challenge in this Crl. M. C. is being against the order passed by the appellate court in a petition seeking to suspend the sentence in a statutory appeal filed by the petitioner, notice to first respondent/complainant is dispensed with.

(2.) In the judgment passed by the Trial Court in ST. No. 32/97 dt. 30.12.99 against the petitioner on the file of the JFCM III, Trichur, the learned Magistrate found the petitioner guilty of the offence punishable under S.138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for three months and to pay a fine of Rs. 5000/-. Petitioner preferred Crl. Appeal No. 38/2000 before the Sessions court, Trichur against the judgment passed by the Trial Court and moved Crl. M.P. 209/2000 to suspend the sentence. In that M.P. the learned Sessions Judge passed the following Order:

(3.) Counsel for petitioner submitted that since the petitioner could not deposit Rs. 60,000/- within 60 days from the date of the order as directed by the Sessions Judge, he has been arrested on 5.8.2000 and is undergoing imprisonment being default sentence.