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2016 Supreme(Ker) 497

K.P.JYOTHINDRANATH
C. V. JOSEPH CHOTTAKKATTU HOUSE – Appellant
Versus
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI.LIJI.J.VADAKEDOM, SMT.REXY ELIZABETH THOMAS SRI.RAJEEV JYOTHISH GEORGE
For the Respondent: SMT. MADHUBEN

JUDGMENT :

This petition is filed under Article 227 of the Constitution of India. A frustrated indignant litigant is before this court. The prayer is for a direction to execute the judgment and sentence in Crl.A.No.501/2008 on the file of the Court of Sessions, Kottayam Division, by which the sentence in S.T. No.1264/2005 on the file of the Judicial First Class Magistrate Court-I, Kanjirappally was modified.

2. The petitioner is the complainant in S.T. No.1264/2005 on the file of the Judicial First Class Magistrate Court-I, Kanjirappally. It was a proceeding under Section 138 of the Negotiable Instruments Act. The accused was convicted by the trial court and was sentenced to undergo simple imprisonment for four months and to pay Rs.2 lakhs to the complainant as compensation under Section 357 (3) of Cr.P.C. The accused therein filed Crl.A.No.501/2008 before the Sessions Court, Kottayam. The appellate court confirmed the conviction and reduced the sentence as imprisonment till rising of the court and imposed a default imprisonment for two months, in case the compensation is not paid. Thereafter the second respondent/accused filed a revision petition before this court as Crl.R.P.No.3062













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