SUSEEL NARAYANAN B Vs. JOY K.J

JUDGEMENT

(1.) The revision petitioner is the accused in the cases C.C.Nos.2904/2015 and 2905/2015 on the file of the Court of the Special Judicial First Class Magistrate (N.I.Act Cases), 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') in both cases and convicted him thereunder. In the case C.C.No.2904/2015, the trial court sentenced him to pay a fine of Rs.1,00,000/- and in default of payment of fine, to undergo simple imprisonment for a period of one month. In the case C.C.No.2905/2015, the trial court sentenced him to pay a fine of Rs.5,25,000/- and in default of payment of fine, to undergo simple imprisonment for a period of five months. In both cases, the trial court directed that, if the fine amount was realised, it shall be given as compensation to the complainant.

(3.) Aggrieved by the order of conviction and sentence passed against him by the trial court in the aforesaid cases, the petitioner filed Crl.A.Nos.343/2017 and 344/2017 before the Court of Session, Kozhikode. The appellate court confirmed the conviction and sentence against the petitioner in both cases and dismissed both appeals.