SURENDRAN.M Vs. C.MOHANAN

JUDGEMENT

(1.) The revision petitioner is the accused in the case S.T No. 110/2008 on the file of the Court of the Judicial First Class Magistrate- II, Ottapalam.

(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 also directed him to pay an amount of Rs. 60,000/- as compensation to the complainant and directed that, in default of payment of compensation, he shall undergo simple imprisonment for a period of fifteen days.

(3.) The petitioner filed Crl.A.No. 496/2009 before the Court of Session, Palakkad challenging the order of conviction and sentence passed against him by the trial court. The appellate court confirmed the conviction of the petitioner under Section 138 of the Act but Crl.Rev.Pet.No.551 OF 2019 modified the sentence imposed on him by the trial court. The appellate court reduced the sentence to imprisonment till the rising of the court and directed that the petitioner shall pay an amount of Rs.65,000/- as compensation to the complainant and in default of payment of compensation, he shall undergo simple imprisonment for a period of fifteen days.