M.P.JOY Vs. M.N.VINODHAN

JUDGEMENT

(1.) The petitioner is the accused for offence punishable under Section 138 of the Negotiable Instruments Act, in S.T.No.42 of 2011 on the file of the Judicial First Class Magistrate Court-II, Chalakudy, instituted on the basis of a complaint filed by the 1st respondent herein.

(2.) The trial court as per the impugned judgment rendered on 09.01.2014 has convicted the petitioner for the aforesaid offence and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.1,00,000/- as compensation to the complainant under Section 357 (1) of the Code of Criminal Procedure, and in default thereof to undergo simple imprisonment for a further period of three months. Aggrieved thereby the petitioner had preferred Crl.Appeal No. 14 of 2014 before the Court of Additional Sessions Judge, Irinjalakuda. The appellate Sessions Court as per the impugned judgment rendered on 02.05.2017 has confirmed the conviction and modified the substantive sentence of simple imprisonment for three months by reducing the same to imprisonment till rising of the court and to pay a fine/compensation of Rs.1,10,000/- has been imposed and default sentence clause for a further period of three months. The fine amount so realised was directed to be disbursed to the complainant as compensation under Section 357(1)(b) of Cr.P.C. It is aggrieved by these verdicts of both the courts below, the petitioner has preferred the instant revision petition by invoking the remedies under Section 397 and 401 of Cr.P.C.

(3.) Heard Smt.M.R.Jayalatha, learned counsel appearing for the revision petitioner/accused and Smt.Ajithalakshmi, learned counsel for R1/complainant and Sri.Jestin Mathew, learned Public prosecutor for R2/State.