JOSE MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are the accused in C.C.No.2601 of 2010 on the files of the trial court.

(2.) The revision petitioners were convicted by the trial court under Sec. 138 of the Negotiable Instruments Act (for short "the N.I.Act "). They were sentenced to pay a fine of Rs.1,82,000.00 jointly. It was further directed that in default of payment of fine, the first petitioner should undergo simple imprisonment for a period of six months. The fine, if realised, was ordered to be paid to the complainant as compensation under Sec. 357 (1) (b) Cr.P.C.

(3.) Aggrieved by the inadequacy of the sentence, the complainant, who is the second respondent herein, filed appeal before the Sessions Court. As per judgment in Crl.A.No.248 of 2015 dtd. 9/6/2016, the learned Sessions Judge modified the sentence to a fine of twice the cheque amount with 9% interest per annum. The first petitioner was also awarded a default sentence of simple imprisonment for 12 months.