SURYADAS K. Vs. G. VENUGOPAL

JUDGEMENT

(1.) The petitioner is the accused in the case S.T.No.137/2017 on the file of the Court of the Judicial First Class Magistrate-III, Cherthala.

(2.) The trial court found the petitioner guilty of the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and convicted him thereunder and sentenced him to simple imprisonment for a period of three months and to pay a fine of Rs.3,00,000.00 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.47/2019 before the Court of Session, Alappuzha challenging the order of conviction and sentence passed against him by the trial court. The appellate court confirmed the conviction against the petitioner and modified the sentence. The appellate court reduced the sentence of imprisonment to imprisonment till the rising of the court and maintained the sentence of fine imposed on the petitioner by the trial court.