AFSAL HUSSAIN Vs. K.S.MUHAMMED ISMAIL

JUDGEMENT

(1.) This revision is at the instance of the 2nd accused in C.C. No.695 of 2000 on the file of Judicial First Class Magistrate Court-I, Kanjirappally, assailing the judgment in Crl.Appeal No.226 of 2005 on the file of Additional Sessions Judge, (Adhoc-1), Kottayam, which upheld his conviction under Sec. 138 of the Negotiable Instruments Act (hereinafter referred as 'the N.I Act'), and modified the sentence and reduced it into imprisonment till rising of the court and fine of Rs.10.00 lakh with a default sentence of simple imprisonment for three months with a direction that, if the fine amount is paid, it shall be given to the complainant/1st respondent as compensation under Sec. 357(1) of Cr.P.C.

(2.) C.C. No. 695 of 2000 was based on a complaint filed by the 1st respondent herein, with regard to dishonour of Ext.P2 cheque dtd. 20/2/2000 issued by the revision petitioner as the Managing Director of Omnitech Information Systems Pvt. Ltd towards discharge of Rs.10.00 lakh due to the 1st respondent/ complainant, from the 1st accused-company.

(3.) In the complaint, the company was the 1st accused, its Managing Director was the 2nd accused, and other Directors were accused Nos. 3 to 5.