P.K.SANGAMESWARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the accused in S.T.No.242 of 2017 on the file of the Judicial Magistrate of First Class-IV, Thrissur. The aforesaid complaint was lodged by the second respondent under Sec. 138 of the Negotiable Instruments Act. After trial, the petitioner was found guilty and he was convicted and sentenced under Sec. 255 (2) of the Code to pay a fine of Rs.2,50,000.00 for the offence punishable under Sec. 138 of the NI Act. The fine if paid or recovered, was ordered to be paid to the complainant as compensation under Sec. 357(1)(b) of the Code. In default, the accused was ordered to undergo SI for three months.

(2.) Challenging the judgment conviction and sentence, an appeal was preferred before the Court of Sessions. The learned Sessions Judge, by an interim order dtd. 5/6/2023 suspended the sentence on execution of bond for a sum of Rs.50,000.00 with two solvent sureties and on depositing 20% of the fine amount ordered by the trial court. The said order is under challenge.

(3.) The learned counsel appearing for the petitioner submitted that the petitioner is financially in dire straits. He points out that, he has approached the Civil Court and has filed a petition by invoking the provisions of the Insolvency Act, and the said matter is pending. According to the learned counsel, 20% of Rs.2,50,000.00 would come to the tune of Rs.50,000.00 and his request is to grant the petitioner a time frame of two months to pay the amount is ordered.