K.AJITHKUMAR Vs. STATE OF KERLA

JUDGEMENT

(1.) The petitioner is the accused in the case S.T No. 44/2019 on the file of the Court of the Judicial First Class Magistrate-X, 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') and convicted him thereunder. The trial court sentenced him to undergo simple imprisonment for a period of three 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. 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. 486/2019 before the Court of Session, Kozhikode challenging the order of conviction and sentence passed against him by the trial court. The Sessions Court admitted the appeal.