C MURUGESAN Vs. PRABAKARAN

JUDGEMENT

(1.) The Revision Petitioner herein was convicted for an offence under Section 138 of the Negotiable Instruments Act, by the learned Judicial Magistrate No. I, Nagercoil, and was sentenced to undergo six months simple imprisonment and also was directed to pay a compensation for a sum of Rs. 1,50,000/- (cheque amount), within a period of four months from the date of judgment.

(2.) Challenging the said conviction and sentence, the revision Petitioner preferred an appeal before the learned Sessions Judge, Kanyakumari in C.A. No. 76 of 2010 and also preferred a Sub Application in Crl.M.P. No. 3561 of 2010 seeking to suspend the sentence till the disposal of the appeal. The learned Sessions Judge, while ordering the said application suspending the sentence of imprisonment on the Petitioner imposed a condition that the Petitioner should deposit half of the compensation amount of Rs. 75,000/- before the trial Court. Challenging the condition imposed on the Petitioner that he should deposit the compensation amount of Rs. 75,000/-, the Petitioner has preferred this Criminal Revision.

(3.) Heard the learned Counsel for the Petitioner and the learned Government Advocate (Crl.sisde) appearing for the State. The learned Counsel for the first Respondent is called absent.