FIROZ Vs. K. O. MATHEW

JUDGEMENT

(1.) The revision petitioner is the accused in the cases S.T Nos.1999/2011 and 2000/2011 on the file of the Court of the Judicial First Class Magistrate, Mattannur.

(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 S.T No. 1999/2011, the trial court sentenced the petitioner to undergo simple imprisonment for a period of four months and directed him to pay an amount of Rs.30,000/- as compensation to the complainant and in default of payment of compensation, to undergo simple imprisonment for a period of one month. In the case S.T No.2000/2011, the trial court sentenced the petitioner to undergo simple imprisonment for a period of six months and also directed him to pay Rs. 70,000/- as compensation to the complainant and in default of payment of compensation, to undergo simple imprisonment for a period of two months.

(3.) The petitioner filed Criminal Appeal Nos. 220/2014 and 221/2014 before the Court of Session, Thalassery, challenging the order of conviction and sentence passed against him by the trial court in both cases. The appellate court confirmed the conviction against the petitioner under Section 138 of the Act in both cases but modified the substantive sentence of imprisonment and reduced it to imprisonment till the rising of the court and maintained the direction to pay compensation to the complainant.