RANJU JOSE Vs. GIJESH GEORGE

JUDGEMENT

(1.) This is a Revision Petition filed under Ss. 397 and 401 of the Code of Criminal Procedure. The revision petitioner is the sole accused in C.C.No.8/2016 on the file of the Judicial First Class Magistrate-II, Muvattupuzha. The revision petitioner impugns judgment dtd. 13/5/2019 in the above case, whereby the revision petitioner was found guilty for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'N.I Act' for easy reference) and sentenced to undergo simple imprisonment for a period of 3 months and to pay fine of Rs.7,46,000.00. In default of payment of fine, to undergo simple imprisonment for a period of 3 months also was imposed. The revision petitioner filed Crl.Appeal No.166/2019 before the Sessions Court, Kottayam and the Additional Sessions Judge, Muvattupuzha considered the Crl.Appeal on merits while modifying the sentence. Accordingly, the appellate court sentenced the revision petitioner to undergo simple imprisonment till rising of the court and to pay fine of Rs.7,46,000.00 and in default of payment of fine, to undergo simple imprisonment for a period of 3 months. The fine imposed was ordered to be paid to the complainant as fine under Sec. 357(1)(b) of Cr.P.C.

(2.) Heard the learned counsel for the revision petitioner and the learned Public Prosecutor appearing for the 2nd respondent. Notice to the 1st respondent dispensed with.

(3.) I shall refer the parties in this Revision Petition as 'complainant' and 'accused' for convenience.