JAYAKUMAR Vs. BENNIS KUMAR

JUDGEMENT

(1.) THE petitioner is the accused in C.C.No.294 of 2002, on the file of the learned Judicial Magistrate, Padmanabhapuram and stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo three months and 10 days and also to pay a fine of Rs. 1,80,000/- in default to undergo one month rigorous imprisonment and it is also further ordered by the trial Court that the fine amount of Rs. 1,80,000/- to be paid as compensation to the complainant as per Section 357(l)(b) of Cr.P.C. As against the said conviction and sentence, the petitioner preferred an appeal before the learned Principal Sessions Judge, Kanyakumari District at Nagercoil in C.A.No.42 of 2009 along with a petition in Crl.M.P.No.2770 of 2009 for suspending the sentence of imprisonment and the fine amount imposed on him. The learned Principal Sessions Judge, passed an order suspending the execution of substantive sentence, on condition that the petitioner should deposit half of the compensation amount i.e. Rs.90,000/- before the trial Court on or before 18.01.2010.

(2.) THOUGH the learned Principal Sessions Judge had ordered for suspending the execution of substantive sentence on the petitioner, the petitioner has to deposit half of the compensation amount of Rs.90,000/-. Aggrieved over the said order, the petitioner has preferred this revision.

(3.) THE learned counsel for the petitioner further submitted that the petitioner by paying a sum of Rs.5,000/- before the trial Court, he got an order of suspension of sentence, pending the period of preferring the appeal before the Sessions Court. Now, the learned Principal Sessions Judge imposed onerous condition on the petitioner for suspending the sentence of imprisonment.