VISHNU S.V. Vs. SATHYA SREEKUMAR

JUDGEMENT

(1.) The petitioner is the accused in the case S.T.No.78/2014 on the file of the Court of the Judicial First Class Magistrate-X, Thiruvananthapuram.

(2.) The aforesaid case was instituted upon the complaint filed by the first respondent under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). After trial, the learned Magistrate found the petitioner guilty of the offence under Section 138 of the Act and convicted him thereunder and sentenced him to simple imprisonment for a period of six months and also directed him to pay an amount of Rs.25,00,000/- as compensation to the complainant and in default of payment of compensation, to undergo simple imprisonment for a period of three months.

(3.) The petitioner filed appeal before the Court of Session, Thiruvananthapuram challenging the conviction entered against him and the sentence imposed on him by the trial court. The appeal was admitted by the Sessions Court. As per Annexure-A5 order, the appellate court suspended the sentence against the petitioner on certain conditions. One of the conditions was that he shall deposit 20% of the fine amount before the trial court as per Section 148(1) of the Act within a period of one month. Annexure-A5 order is challenged in this petition filed under Section 482 Cr.P.C.