YAHYA KHAN N. Vs. SAINABA T. P.

JUDGEMENT

(1.) The petitioner was the accused in S.T.No.16 of 2024 on the file of the Court of the Chief Judicial Magistrate, Amini Island, Lakshadweep, filed at the instance of the 1st respondent, alleging the commission of the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'N.I Act').

(2.) The petitioner has filed this Criminal Miscellaneous Case to quash Annexure A2 judgment passed by the learned Magistrate convicting and sentencing him to undergo imprisonment till the rising of the court and to pay a compensation of Rs.6,00,000.00 to the 1st respondent, with a default sentence of three months.

(3.) The petitioner has averred in the Crl. M.C. he had appeared in the camp sitting of the above Court at Kozhikode on 16/12/2024, his counsel was absent; that without fully comprehending the legal consequences, he pleaded guilty; and the learned Magistrate, without adhering to the procedure contemplated under Ss. 252, 264 and 275 of the Bharatiya Nagarik Suraksha Sanhita ('BNSS', in short) as well as the principles laid down by this Court in the decision in Raseen Babu K.M v. State of Kerala [2021 (3) KHC 394], has convicted and sentenced him. Therefore, the judgment may be quashed, and the conviction and sentence may be set aside.