LAWS(KER)-2012-3-39

ABDUL KALAM S/O SAIDU MOHAMMED Vs. STATE OF KERALA REP BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM

Decided On March 05, 2012
ABDUL KALAM, S/O.SAIDU MOHAMMED, THEKKEVELIYIL, PATTANAKKAD P.O.CHERTHALA, ALAPPUZHA DISTRICT. Appellant
V/S
STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Respondents

JUDGEMENT

(1.) REVISION petitioner is the accused in C.C. No. 853 of 2002 on the file of Judicial First Class Magistrate-I, Cherthala and the appellant in Crl.A. No.686 of 2005 on the file of Additional Sessions Court, Alappuzha.

(2.) THE revision petitioner was convicted under section 138 of the Negotiable Instruments Act and was sentenced to undergo simple imprisonment for one month and to pay compensation of Rs.27,000/- to the complainant, in default to undergo simple imprisonment for one month by the learned Magistrate by judgment dated October 21, 2005, which was confirmed by the learned Sessions Judge by judgment dated September 15, 2006. THE accused has now come up in revision challenging his conviction and sentence.

(3.) ON an appreciation of evidence, the learned Magistrate found the accused guilty of the offence punishable under section 138 of the Negotiable Instruments Act, convicted him thereunder and sentenced him as aforesaid. ON appeal by the accused, the learned Sessions Judge confirmed his conviction and sentence. The accused has now come up in revision challenging his conviction and sentence.