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2017 Supreme(Ker) 1473

ALEXANDER THOMAS
K. J. Shaji S/o Joseph – Appellant
Versus
Thodupuzha Primary Co-Operative Agriculture & Rural Development Bank Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. S. Renjith, Sri. S. Unnikrishnan (Nellad)
For the Respondents: Public Prosecutor, Sri. Saigi Jacob Paletty

ORDER :

The petitioner is the accused for offence punishable under Section 138 of the Negotiable Instruments Act, in S.T.No.237/2013 on the file of the Judicial First Class Magistrate Court-II, Thodupuzha, instituted on the basis of a complaint filed by the 1st respondent herein.

2. The trial court as per the impugned judgment rendered on 17.08.2015 has convicted the petitioner for the aforesaid offence and sentenced him to undergo simple imprisonment for three months and to pay Rs.76,938/- as compensation to the complainant under Section 357 (3) of the Code of Criminal Procedure, and in default thereof to undergo simple imprisonment for a further period of one month. Aggrieved thereby the petitioner had preferred Crl. Appeal No.139/2015 before the III Additional Sessions Judge, Thodupuzha. The appellate Sessions Court as per the impugned judgment rendered on 30.06.2017 has confirmed the conviction and modified the substantive sentence of simple imprisonment for three months by reducing the same to imprisonment till rising of the court and to pay an amount of compensation of Rs.76,938/- has been imposed with a default sentence clause of one month. The fine amount so realised was dire


































































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