(1.) For the sake of convenience, the parties will be referred to as the complainant and the accused.
(2.) The complainant initiated a prosecution in S.T.C. No.292 of 2012 under section 138 of the Negotiable Instruments Act, 1881, against the accused before the learned Judicial Magistrate No.II, FTC Magistrate Level, Madurai in which, the learned Judicial Magistrate convicted the accused on 10.06.2016 and sentenced him to undergo six months simple imprisonment and also to pay compensation of Rs. 40,00,000.00 (Rupees Forty Lakhs only) towards cheque amount. Challenging the trial Court order, the accused filed C.A.45 of 2016 before the learned IV Additional District and Sessions Judge, Madurai and the learned IV Additional District and Sessions Judge, Madurai, by order dated 08.09.2017, dismissed C.A.No.45 of 2016 by confirming the conviction and sentence imposed on the accused, aggrieved by which, the accused has filed the present Revision Case.
(3.) In the meantime, the accused was taken into custody and was remanded on 11.10.2017 for undergoing the sentence of imprisonment. This Court, in Crl.M.P.(MD) No.9777 of 2017 in Crl.R.C.(MD)No.799 of 2017, by order dated 30.10.2017, suspended the sentence on condition that the accused should deposit Rs. 25,00,000.00 (Rupees Twenty Five Lakhs only) before the trial Court. Since the petitioner was not able to deposit the amount, he was not able to avail the order passed by this Court.