DHANESH K. Vs. K.SURESH BABU

JUDGEMENT

(1.) This Revision Petition has been filed under Ss. 397 and 401 of the Code of Criminal Procedure. The revision petitioner is the sole accused in S.T.C.No.626/2015 on the files of the Judicial First Class Magistrate, Thalassery. The revision petitioner impugns judgment dtd. 28/2/2018 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.10,65,000.00. In default of payment of fine, to undergo simple imprisonment for a period of 3 months also was imposed. Challenging the above verdicts, the revision petitioner filed Crl.Appeal No.57/2018 before the Additional Sessions Court-IV, Thalassery. The Additional Sessions Judge, Thalassery heard the Crl.Appeal on merits and confirmed the conviction, while modifying the sentence. Accordingly, the appellate court sentenced the revision petitioner to undergo simple imprisonment till rising of court and to pay fine of Rs.10,65,000.00 and in default of payment of fine, the accused was directed to undergo simple imprisonment for 3 months.

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

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