JAMES PETER Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in the case C.C.82/2016 on the file of the Court of the Judicial First Class Magistrate-I, Kothamangalam.

(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 him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.2,00,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one month. It was also directed that, if the fine amount was realised, it shall be given to the complainant as compensation.

(3.) The petitioner filed Crl.A.No.75/2018 before the Court of Session challenging the order of conviction and sentence passed against him by the trial court. The learned Additional Sessions Judge confirmed the conviction but modified the sentence and reduced the sentence of imprisonment to simple imprisonment for a period of three months and confirmed the sentence of fine and the default sentence of imprisonment.