PRAVEENKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is one of the sons of the complainant in the case C.C No. 368/2003 on the file of the Court of the Judicial First Class Magistrate-II, Kochi.

(2.) The case was one instituted upon the complaint filed by the father of the petitioner against the second respondent herein under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). When the case was pending before the trial court, the father of the petitioner died. Thereupon, the petitioner was permitted to continue the prosecution for and on behalf of other legal heirs of the complainant.

(3.) The second respondent was convicted for the offence under Section 138 of the Act and he was sentenced to undergo simple imprisonment for a period of three months and to pay an amount of Rs.1,20,000/- as compensation to the complainant and in default of payment of compensation, to undergo simple imprisonment for a period of three months.