THYAGU Vs. M SHERIEF

JUDGEMENT

(1.) NOTICE to respondent No.1 is dispensed with in view of the order I propose to pass.

(2.) PETITIONER faced trial in S.T.No.79 of 2008 of the court of learned Judicial First Class Magistrate-III, Kollam for offence punishable under Section 138 of the Negotiable Instruments Act and by Annexure-A1, judgment he was convicted and sentenced to undergo simple imprisonment for six months, payment of compensation of Rupees one lakh and in default to undergo three months' simple imprisonment. PETITIONER challenged that conviction and sentence before the learned Sessions Judge, Kollam in Crl.Appeal No.437 of 2010 and sought suspension of sentence vide Crl.M.P.No.2724 of 2010. Learned Sessions Judge vide Annexure-A2, order dated 03.11.2010 allowed the application subject to conditions including that petitioner remitted one fourth of the amount of compensation in the trial court within one month from that day. That condition is under challenge. I have heard learned counsel for petitioner and the learned Public Prosecutor who took notice for respondent No.2.