IDBI BANK, VILLUPURAM Vs. MUTHUSAMY, R.

JUDGEMENT

(1.) This petition has been filed challenging the order passed by the Court below in the Suspension of Sentence Petition filed by the respondent without directing the respondent to deposit the amount as provided under Section 148 of the Negotiable Instruments Act, 1881 (hereinafter called as the Act).

(2.) The respondent, who underwent trial for an offence under Section 138 of the Act, was convicted and sentenced by the trial Court through judgment dated 28.08.2019. The trial Court had directed the respondent to pay the entire cheque amount as compensation to the petitioner under Section 357(3) of Code of Criminal Procedure. Aggrieved by the same,the respondent had filed an appeal before the Principal Sessions Court, Villupuram, and had also sought for suspension of sentence. The appellate Court while suspending the sentence, did not impose the condition as mandated under Section 148 of the Act. Aggrieved by the same, the present petition has been filed before this Court.

(3.) The respondent has been served with notice and his name has also been printed in the cause list and there is no representation either in person or through counsel.