JACOB SURESH Vs. K.LATHA

JUDGEMENT

(1.) The petitioner herein is an accused in C.C.No.2555 of 2021 on the file of XXVI Metropolitan Magistrate, Egmore, Chennai. The calendar case arises out of a private complaint initiated under Sec. 138 of Negotiable Instruments Act.

(2.) The learned trial Court on appreciation of evidence found the petitioner herein guilty of offence punishable under Sec. 138 of Negotiable Instruments Act and accordingly, sentenced him to undergo one year simple imprisonment and should pay a sum of Rs.21,50,000.00 being the cheque amount as compensation, also imposed default sentence of one month simple imprisonment, if the compensation is not paid. It appears that on the date of judgment, the petitioner did not appear before the trial Court and therefore, the judgment of conviction pronounced in absentia.

(3.) Being aggrieved by the judgment of the trial court, the petitioner has filed appeal under Sec. 374 of Cr.P.C. The Appellate Court on perusing the appeal papers filed through e-court process and returned the same on the ground that certificate copy of suspension of sentence order not enclosed. Being aggrieved by the denial of entertaining the appeal which is a right conferred to any accused found guilty and convicted, the present petition under Sec. 482 of Cr.P.C is filed.