The petitioner herein is the accused in S.T.No.1736/2014 on the
files of the Judicial First Class Magistrate Court, Nadapuram, a case
relating to the commission of offence under Section 138 of the
Negotiable Instruments Act,1881(in short, ‘NI Act’). He was convicted
and sentenced by the learned Magistrate to imprisonment till the rising of
the Court and a fine of Rs.2,59,900/-. A default clause of simple
imprisonment for six months was provided for non-payment of fine
amount. The Appellate Court confirmed the conviction and sentence but
reduced the default sentence to simple imprisonment for three months.
2.​ Since there was no representation from the part of the
revision petitioner on consecutive posting dates, notice was issued to him
intimating the adjournment of the case, and also informing him that the
case would be decided in his absence, if there is no representation on
the adjourned posting date. Since the petitioner did not turn up or
engage any counsel even after receipt of the above notice, this Court
appointed Adv. Mr. Jinu P Binu, as Amicus Curiae to represent the
revision petitioner.
