GEORGE M. C. Vs. K. T. NADESHAN

JUDGEMENT

(1.) The petitioner is accused for the offence punishable under S.138 of the Negotiable Instruments Act in C.C. No. 5185 of 2010 on the file of the Judicial First Class Magistrate Court - IV, Ernakulam, instituted on the basis of a complaint filed by the first respondent herein.

(2.) Exhibit P2 dishonoured cheque dated 10/10/2007 is for Rs.94,350.00 . The Trial Court, as per the impugned judgment rendered on 31/07/2014, had convicted the petitioner for the abovesaid offence and had sentenced him to undergo simple imprisonment till the rising of the Court and to pay fine of Rs.94,350.00 (cheque amount) and in default thereof, to undergo simple imprisonment for a period of three months and further that the fine amount so realised was directed to be released to the complainant as compensation as per S.357(1) of the Crimial P.C. Aggrieved thereby the petitioner had preferred Crl. Appeal No. 24 of 2015 before the Court of the Additional Sessions Judge - VIII, Ernakulam, who by the impugned judgment rendered on 23/06/2017 has dismissed the appeal and has thereby confirmed the impugned conviction and sentence in this case. It is aggrieved by the abovesaid concurrent verdicts of both the Courts the below that the petitioner has preferred the instant Crl. Revision Petition by taking recourse to the remedies conferred under S.397 and S.401 of the Code of Criminal Procedure, 1973.

(3.) Heard Sri. Shaji Chirayath, learned counsel appearing for the revision petitioner / accused, and Sri. Jestin Mathew, learned prosecutor appearing for the second respondent / State.