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VIJU ABRAHAM
Rajeswary – Appellant
Versus
State of Kerala – Respondent


Counsel for the Parties:
For the Petitioner:V. John Sebastian Ralph, K.J. Joseph (Ernakulam), Vishnu Chandran, Ralph Reti John, Appu Babu and Shifna Muhammed Shukkur, Advocates
For the Respondent No.1: Smt. S. Rekha, Public Prosecutor
For the Respondent No.2:C. Anilkumar (Kallesseril), Advocate

ORDER

Viju Abraham, J.—The above Crl.M.C is filed by the petitioner who is an accused in C.C.No.340 of 2014 on the file of the Judicial First Class Magistrate Court-III, Ernakulam, for offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The trial court as per Annexure-A2 judgment convicted and sentenced the petitioner to undergo simple imprisonment for a period of one year and to pay a fine of Rs.7,17,000/- with a default clause of three months. The appeal filed by the petitioner as Crl.Appeal No.148 of 2017 on the file of the Additional Sessions Court-V, Ernakulam was dismissed as per Annexure-A3 judgment. The Criminal Revision Petition filed by the petitioner as Crl.R.P.No.41 of 2020 was disposed of as per Annexure-A4 order by affirming the conviction but modifying the sentence of simple imprisonment for one year as a sentence to pay fine of Rs.7,17,000/- and in default of payment of fine, to undergo simple imprisonment for a period of three months. The petitioner/accused was granted a period of six months to remit the amount of fine in the trial court.

2. Pursuant to the said order, the petitioner paid the entire amount of compensation/fine to the co

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