JAYESH M.E. Vs. BABU K.P.

JUDGEMENT

(1.) The revision petitioner is the accused in the case C.C.No.4/2018 on the file of the Court of the Judicial First Class Magistrate-X, Kozhikode.

(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 undergo simple imprisonment for a period of three months and also to pay a fine of Rs.2,50,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one month. The trial court also directed that, if the fine amount was realised, it shall be paid as compensation to the complainant.

(3.) The petitioner filed Crl.A.No.245/2019 before the Court of Session, Kozhikode challenging the order of conviction and sentence made against him by the trial court. The appellate court confirmed the conviction against the petitioner under Section 138 of the Act but modified the substantive sentence of imprisonment and reduced it to imprisonment till the rising of the court and maintained the sentence of fine imposed on the petitioner by the trial court.