T.SUNILKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in the case S.T No.3319/2012 on the file of the Court of the Additional Chief Judicial Magistrate, Thalassery.

(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 to pay a fine of Rs.2,50,000/- and in default of payment of fine, to undergo simple imprisonment for a period of three months. 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. 1/2014 before the Court of Session, Thalassery 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 and dismissed the appeal.