DEVAKI Vs. CHANDRAN AND STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal revision Petition is filed by the accused in C.C. No.187 of 2010 on the file of the Judicial First Class Magistrate Court, Pattambi challenging the conviction and sentence imposed on him under Section 138 of the Negotiable Instruments Act (in short 'the NI Act'). The cheque amount was Rs. 1,50,000/ -. The trial court convicted the accused under Section 138 of the NI Act and he was sentenced to undergo simple imprisonment till rising of the Court and to pay a fine of Rs. 1,55,000/ - and in default of payment of fine, the accused was sentenced to undergo simple imprisonment for one month. If fine amount is paid the cheque amount of Rs.1,50,000/ - shall be given to the complainant as compensation under Section 357(1) of the Code of Criminal Procedure. Against that conviction and sentence the accused filed Criminal Appeal No.2 of 2012 before the Additional Sessions Court, Palakkad, which was dismissed. Against that judgment, the appellant/accused filed this Revision Petition.

(2.) HEARD the learned counsel for the revision petitioner and the learned Public Prosecutor. The learned counsel for the revision petitioner raised the same contentions raised before the trial court and court below. Both the courts below rejected the contentions by giving cogent reasons. Therefore, I find no reason to interfere with the concurrent findings of both the courts below and confirm the conviction under Section 138 of the NI Act. Since the courts below awarded only a reasonable sentence, I find no reason to interfere with the sentence also.