VINCENT MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in the case C.C No.35/2014 on the file of the Court of the Judicial First Class Magistrate-III, Kottarakkara.

(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 six months and also directed him to pay an amount of Rs.4,00,000/- 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. 178/2017 before the Court of Session, Kollam, challenging the order of conviction and sentence passed against him by the trial court. The appellate court confirmed the conviction against the petitioner for the offence under Section 138 of the Act. The appellate court also confirmed the sentence of imprisonment imposed on the petitioner by the trial court but modified the amount of compensation and reduced it to Rs.3,25,000/-.