BABU T. R. Vs. JAYAPALAN

JUDGEMENT

(1.) The revision petitioner is the accused for the offence punishable under S.138 of the Negotiable Instruments Act in C.C. No. 3806 of 2010 on the file of the Judicial First Class Magistrate Court-I, Kochi, instituted on the basis of a complaint filed by the first respondent herein.

(2.) The dishonoured cheque involved in this case is for Rs.15,00,000.00. The Trial Court, as per the impugned judgment rendered on 27/04/2012, had convicted the petitioner for the abovesaid offence and had sentenced him to undergo simple imprisonment for a period of one year and to pay fine of Rs.15,00,000.00 to the complainant under S.357(1)(b) of the Cr.P.C and in default of payment of fine, the accused was ordered to undergo simple imprisonment for a further period of three months. Aggrieved thereby the petitioner had preferred Crl. Appeal No. 369 of 2012 before the Sessions Court, Ernakulam. The Appellate Court concerned (Court of the Additional Sessions Judge-VIII, Ernakulam), as per the impugned judgment rendered on 14/10/2016, had confirmed the conviction and modified the sentence to undergo simple imprisonment for a period of two months and to pay fine of Rs.15,00,000.00 and in default of payment of fine, he shall undergo simple imprisonment for a further period of one month. The fine amount, if realised, shall be paid to the complainant as compensation under S.357(1) of the Crimial P.C.

(3.) It is challenging these concurrent verdicts of both the Courts below that the petitioner has preferred the instant Criminal Revision Petition by taking recourse to the remedies conferred under S.s 397 and 401 of the Crimial P.C.