HARIS Vs. ANOOP SEBASTIAN

JUDGEMENT

(1.) This revision petition is filed by the accused in the case S.T.No.01/2016 on the file of the Court of the Judicial First Class Magistrate-II (Forest Offences), Manjeri.

(2.) The trial court found the petitioner guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and convicted him thereunder and sentenced him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.3,00,000/- and in default of payment of fine, to undergo simple imprisonment for a period of three months. The trial court also directed that, if the fine amount was realised, it shall be given to the complainant as compensation.

(3.) The petitioner filed appeal before the Court of Session, Manjeri challenging the conviction entered against and the sentence imposed on him by the trial court. The appellate court confirmed the conviction of the petitioner under Section 138 of the Act but modified the sentence of imprisonment to imprisonment till the rising of the court. The appellate court confirmed the sentence of fine imposed on the petitioner as well as the direction made by the trial court to pay the amount of fine as compensation to the complainant. The concurrent findings of guilty and conviction entered against him by the courts below and the sentence imposed on him by the appellate court are challenged by the petitioner in this revision petition.