BOBY GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') is the revision petitioner as he is aggrieved by the judgment dated 20.6.2011 in C.C. No. 146 of 2010 of the court of Judicial First Class Magistrate -II, Perumbavoor and the judgment dated 6.7.2012 in Crl.A. No. 380 of 2011 of the court of the Additional District and Sessions Judge (Adhoc -III), North Paravur. As per the appellate court judgment, the conviction, finding and sentence recorded by the trial court are confirmed and accordingly, the accused is sentenced to undergo simple imprisonment for three months for the offence under Section 138 of the N.I. Act and the accused is directed to pay compensation of Rupees Three Lakhs under Section 357(3) of the Cr.P.C. and in default of payment of compensation, he shall undergo simple imprisonment for three months.

(2.) AS this Court is not inclined to interfere with the concurrent finding of the courts below on merit, learned counsel for the revision petitioner submitted that the sentence imposed against the revision petitioner is exorbitant and unreasonable and the same may be set aside. It is also the submission of the learned counsel that the petitioner requires breathing time to compensate the complainant.