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2017 Supreme(Ker) 1541

ALEXANDER THOMAS
Padmanabhan – Appellant
Versus
State of Kerala, Represented by the Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Prasun S., Sri.Paul Mathew (Perumpillil), Advs.
For the Respondent: Sri. Jestin Mathew, Public Prosecutor, Sri. Rajit, Adv.

ORDER :

The petitioner is the accused for offence punishable under Section 138 of the Negotiable Instruments Act, in C.C.No.178 of 2010 on the file of the Judicial First Class Magistrate Court, Chavakkad, instituted on the basis of a complaint filed by the 2nd respondent herein.

2. The trial court as per the impugned judgment rendered on 18.05.2012 has convicted the petitioner for the aforesaid offence and sentenced to undergo simple imprisonment for one year and to pay Rs.1,00,000/- 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 four months. Aggrieved thereby the petitioner had preferred Crl. Appeal No.311 of 2012 before the Court of Sessions Judge, Thrissur. The appellate Sessions Court as per the impugned judgment rendered on 17.07.2014 has confirmed the conviction and modified the substantive sentence of simple imprisonment for one year by reducing the same to imprisonment till rising of the court and in substitution of the amount of compensation, an amount of fine for the same amount of Rs.100,000/- has been imposed and default sentence clause was reduced to

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