P.SASIKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was convicted and sentenced by the trial court under Section 138 of the Negotiable Instruments Act (for short 'the N.I. Act'), against which appeal was filed before the Sessions Court, Kottayam along with Crl.M.P. No.3042 of 2008, praying for condoning the delay in filing the appeal. The court below dismissed the said Crl.M.P. and consequent upon the dismissal of the said Crl.M.P., the appeal was also dismissed, against which this revision petition has been filed.

(2.) Heard the learned counsel for the revision petitioner, the learned counsel for the 2 nd respondent and the learned Public Prosecutor.

(3.) The learned counsel for the revision petitioner has submitted that the revision petitioner is not contesting the revision petition on merits and that the revision petitioner needs only modification of sentence, particularly when the matter had been settled between the parties out of court.