SADDIQUE SHAMSUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the complainant in a prosecution u/s 138 of the Negotiable Instruments Act, 1881 (for short, the NI Act). The 2nd respondent is the accused.

(2.) The 2nd respondent pleaded guilty at the trial court and she was convicted for the offence u/s 138 of the NI Act. She was sentenced to undergo simple imprisonment till the rising of the court and to pay a compensation of Rs.9,00,000.00, in default to suffer simple imprisonment for fifteen days. Annexure A3 would show that the 2nd respondent pleaded guilty on the basis of a compromise entered into between the parties. Thereafter, instead of complying with the terms of the compromise, the 2nd respondent preferred appeal at the Additional District Court, Thrissur as Crl.Appeal No.155/2020. It is submitted that the appellate court did not suspend the sentence. The grievance of the petitioner is that the trial court is not executing the sentence even though the sentence was not suspended by the appellate court.

(3.) The 2nd respondent entered appearance through counsel.