T.D.MOHANA PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in the case C.C.No.91/2014 on the file of the Court of the Judicial First Class Magistrate-IV, Thiruvananthapuram.

(2.) The trial court found the petitioner guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and convicted him thereunder. The trial court sentenced the petitioner to imprisonment till the rising of the court and also directed him to pay an amount of Rs.2,50,000/- as compensation to the complainant and in default of payment of compensation, to undergo simple imprisonment for a period of three months.

(3.) The petitioner filed Crl.A.No.114/2016 challenging the order of conviction and sentence passed against him by the trial court. The appellate court confirmed the conviction as well as the sentence against the petitioner and dismissed the appeal. The appellate court also ordered that the accused shall, in addition to the amount of compensation, pay Rs.20,000/- to the complainant by way of costs and in default of payment of the aforesaid amount, he shall undergo simple imprisonment for a period of thirty days.