MICHEL STEPHEN Vs. JAISON

JUDGEMENT

(1.) This is a Revision Petition filed under Ss. 397 and 401 of the Code of Criminal Procedure. The revision petitioner is the accused in C.C.No.47 of 2018 on the file of the Judicial First Class Magistrate Court, Idukki.

(2.) As per judgment dtd. 18/11/2019, the revision petitioner was found guilty for commission of the offence punishable under Sec. 138 of the Negotiable Instruments Act (hereinafter will be referred as 'NI Act' for convenience) and he was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.1,25,000.00 (Rupees One lakh Twenty Five Thousand only). In default of payment of fine, the revision petitioner was directed to undergo simple imprisonment for six months.

(3.) When the above conviction and sentence were assailed before the appellate court in Crl.Appeal No.167 of 2019, the learned Sessions Judge also confirmed the conviction, while modifying the sentence. So, the concurrent finding of conviction is under challenge in this revision petition.