VINCENT PERERA Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The revision petitioner is the accused in S.T. No. 105 of 2008 on the files of the court of the Judicial Magistrate of First Class -V (Special court for Mark List cases), Thiruvananthapuram.

(2.) The court below convicted the accused under Sec. 138 of the Negotiable Instruments Act (for short 'the N.I. Act') and sentenced him thereunder to imprisonment till the rising of the court and a fine of Rs. 55,000/ - with a default clause for simple imprisonment for five months. In the appeal filed against the said conviction and sentence, the lower appellate court as per judgment in Crl.Appeal No. 254 of 2010 confirmed the conviction and sentence passed by the trial court under Sec. 138 of the N.I. Act. However, the default sentence was modified and reduced to one month. Aggrieved by the said conviction and sentence, the revision petitioner has filed this revision petition.

(3.) Heard the learned counsel for the revision petitioner and the learned Public Prosecutor.