BABU T A Vs. REJIMOL JOHN

JUDGEMENT

(1.) The revision petitioner was convicted by the Judicial Magistrate of the First Class, Chalakudy, in C.C. No. 255/2000 for offence under Section 138 of the Negotiable Instruments Act and sentenced to imprisonment till the rising of the Court and a fine of Rs. 8,500/- (Rupees eight thousand five hundred only). Though he preferred criminal appeal No. 467/2003, he was not successful. Appellate Court set aside the fine on holding that Judicial Magistrate of the First Class has no power to impose fine exceeding Rs. 5,000/-. Instead of fine, the revision petitioner was directed to pay Rs. 8,500/- as compensation.

(2.) Assailing the legality, correctness and propriety of the above conviction and sentence as modified in appeal this revision petition is filed.

(3.) I have heard Adv. Smt. M.R. Reena, the learned counsel for the revision petitioner and Adv. Sri. Ravi K. Pariyarath, learned counsel appearing for the first respondent. Perused the impugned judgment and evidence on record.