BAIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The Petitioner was convicted and sentenced by the Judicial First Class Magistrate Court-II, Pala in S.T. No.31/2018, which was a prosecution under Sec. 138 of the Negotiable Instruments Act, 1881. He was sentenced to undergo Simple Imprisonment till the rising of the Court and to pay a Compensation of Rs.3,27,000.00 (Rupees Three Lakhs Twenty Seven Thousand only) to the Complainant and in default to undergo Simple Imprisonment for one month. It is also ordered that, if the Compensation amount is realised, the same shall be given to the Complainant in the case.

(2.) Aggrieved by the Conviction and Sentence, the Petitioner filed an Appeal before the Sessions Court, Kottayam. The Sessions Court suspended the sentence as per Order, dtd. 24/6/2023 in C.M.P. No.44/2023 in Crl.A. No.109/2023 with a condition that the Petitioner will deposit 20% of the Compensation amount before the Trial Court within 60 days from the date of Order. Aggrieved by the same, this Crl.M.C. is filed.

(3.) Heard the learned Counsel appearing for the Petitioner and the learned Public Prosecutor. Even though Notice was served on the 2nd Respondent, there is no appearance for the 2nd Respondent.