LAWS(KER)-2017-5-38

PHILIP KURIAN Vs. JAMES P. K. AND ANOTHER

Decided On May 31, 2017
Philip Kurian Appellant
V/S
James P. K. And Another Respondents

JUDGEMENT

(1.) The petitioner is accused for the offence punishable under Sec. 138 of the Negotiable Instruments Act in S. T. No. 549 of 2013 on the file of the Judicial First Class Magistrate Court - I, Ranni, instituted on the basis of a complaint preferred by the first respondent herein.

(2.) The Trial Court, as per the impugned judgment rendered on 29/10/2014, had convicted the petitioner for the above said offence and had sentenced him to undergo simple imprisonment for three months and to pay compensation of Rs.4,00,000.00 to the complainant under S.357(3) of the Cr. P. C. and in default of payment of compensation, to undergo simple imprisonment for three months.

(3.) Aggrieved thereby the petitioner had preferred Crl. Appeal No. 191 of 2014 on the file of the Additional Sessions Judge, Pathanamthitta. The Appellate Court concerned, as per the impugned judgment rendered on 28/01/2017, had confirmed the conviction and the sentence imposed on the petitioner. It is aggrieved by the concurrent findings of both the Courts below that the petitioner has preferred the instant Crl. Revision Petition by taking recourse to the provisions contained in S.397 read with S.401 of the Code of Criminal Procedure.