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2017 Supreme(Ker) 1215

ALEXANDER THOMAS
Manikuttan – Appellant
Versus
Johnson John – Respondent


ORDER :

Alexander Thomas, J.

The petitioner was convicted for the offence punishable under Section 138 of the N.I. Act as per Anx.A-1 judgment dated 30.8.2014 of the Judicial First Class Magistrate's Court, Ambalapuzha, in C.C. No. 198/2013, instituted on the basis of the complaint filed by the 1st respondent herein (complainant). Accordingly, the trial court had sentenced him to undergo simple imprisonment for 1 year for the above said offence and to pay compensation of Rs. 2.05 lakhs under Section 357(3) of the Cr.P.C., with the default sentence clause of 3 months. The sentence was confirmed by the appellate sessions court (Court of Sessions Judge, Alappuzha) as per Anx.A-2 judgment dated 11.7.2016 in Crl.Appeal No.263/2014. But the appellate court had reduced the substantive sentence of simple imprisonment for one year imposed by the trial court, to imprisonment till rising of the court and has confirmed the compensation of Rs. 2.05 lakhs and the default sentence clause was also reduced to 2 months. This was challenged in revision before this Court, which led Anx. A-3 order dated 20.10.2016 of this Court in Crl.R.P. No.688/2016, whereby this Court has confirmed the conviction and


































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