BAIJU K G Vs. P V PAUL

JUDGEMENT

(1.) The instant revision petition has been preferred so as to impugn the conviction and sentence imposed on the petitioner for the offence under Sec.138 of the Negotiable Instruments Act as per the impugned judgment dated 12.9.2014 of the Judicial First Class Magistrate's Court-II, Perumbavoor, in C.C.No.47/2012, as affirmed by the impugned appellate judgment dated 28.11.2016 of the Court of the Court of Addl. Sessions Judge, Muvattupuzha, in Crl.Appeal No. 473/ 2014.

(2.) The trial court while convicting the petitioner had sentenced to undergo simple imprisonment till rising of the court and to pay compensation of Rs.1,33,300/- to the complainant as per Sec.357 (3) of the Cr.P.C. and in default thereof, the accused was ordered to undergo simple imprisonment for a further period of 3 months. The appellate court while upholding the said conviction has also affirmed the said impugned sentence. It is challenging those concurrent findings of both the courts below that the accused has instituted the above revision by taking recourse to the remedies available under Sec. 397 read with 401 of the Cr.P.C.

(3.) Heard Sri.K.Sunilkumar, learned counsel appearing for the revision petitioner and Sri.Jestin Mathew, learned Prosecutor appearing for R-2 State. In the nature of the orders proposed to be passed in this revision, notice to R-1 will stand dispensed with.