O R D E R

This Crl.M.C. is filed to set aside Annexure-A1 order for the reason that the mandatory provision of Sec. 148 of the Negotiable Instruments Act (for short 'NI Act') is not followed. The petitioner is the complainant in ST No. 281/2017 on the file of the Judicial First Class Magistrate Court, Kadakkal and the 1^st respondent herein is the accused in that case. The 1^st respondent was convicted and sentenced under Sec. 138 of the Negotiable Instruments Act. He was sentenced to undergo simple imprisonment for one month and to pay a fine of Rs.6,00,000/- to the complainant under Sec 257(3) Cr.P.C. In default of payment of compensation, he is directed to undergo simple imprisonment for a further period of one month. Annexure-A1 is the judgment. Aggrieved by Annexure-A1 judgment, the 1^st respondent filed Annexure-A2 appeal before the Sessions Court, Kollam. The Sessions Court admitted the appeal and suspended the sentence after directing the 1^st respondent to execute a bond for Rs.30,000/- for two solvent sureties for the like sum to the satisfaction of the learned Magistrate. Sec.148 of the Negotiable Instruments Act reads like this :

“Section 148: Power of Appellate Court to ord