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2020 Supreme(Ker) 4

R.NARAYANA PISHARADI
K. M. Jacob, S/o Late Mathai – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.CHERIAN GEE VARGHESE, SRI.P.HARIDAS, SRI.BIJU HARIHARAN, SRI.R.B.BALACHANDRAN, SRI.RENJI GEORGE CHERIAN, SRI.P.C.SHIJIN, SRI.RISHIKESH HARIDAS
For the Respondent: SRI.BIJU BALAKRISHNAN, SMT.V.S.RAKHEE, SHRI.SOORAJ S, SMT.SAYUJYA, SRI.C.K.PRASAD P.P

JUDGMENT :

The revision petitioner is the accused in the case S.T.No.2327/2010 on the file of the Court of the Judicial First Class Magistrate-II, Pathanamthitta.

2. The trial court found the petitioner guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and convicted him thereunder. The trial court sentenced him to undergo simple imprisonment for a period of three months and directed him to pay an amount of Rs.5,00,000/-as compensation to the complainant and in default of payment of compensation, to undergo simple imprisonment for a period of three months.

3. The petitioner filed Criminal Appeal No.9/2017 before the Court of Session, Pathanamthitta challenging the conviction entered against and the sentence imposed on him by the trial court. The appellate court confirmed the conviction as well as sentence and dismissed the appeal. The concurrent verdicts of guilty, conviction and sentence made against the petitioner by the courts below are challenged in this revision petition.

4. Heard learned counsel for the revision petitioner and the also the second respondent/complainant.

5. The case of the complainant, a

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