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2020 Supreme(Ker) 984

N.ANIL KUMAR
Raju M. Thomas S/o Thomas – Appellant
Versus
State of Kerala Prosecutor, High Court of Kerala, Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.P.Haridas Adv.
For the Respondent: Sri.B.Balraj, Sri.Sajju.S, Sri. K.Shaj Adv., Sr.PP.M.S.Breez

ORDER :

1. This criminal revision petition is directed against the judgment dated 23.11.2006 rendered by the Additional Sessions Court-I, Mavelikkara, in Crl.Appeal No.114 of 2006, whereby the learned Additional Sessions Judge dismissed the appeal, confirming the conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, 'NI Act') rendered by the trial court to undergo simple imprisonment for a period of three months and also to pay a compensation of Rs.2,00,000/- and in default of payment of fine to undergo simple imprisonment for a period of two months more under Section 138 of the NI Act.

2. The revision petitioner was the accused in CC No.483 of 2004 on the file of the Judicial First Class Magistrate Court-I, Chengannur and the appellant in Crl.Appeal No.114 of 2006 on the file of the Additional Sessions Court-I, Mavelikkara. The 1st respondent filed a complaint before the trial court alleging commission of the offence punishable under Section 138 of the NI Act against the accused. Upon consideration of the complaint, the learned magistrate is prima facie satisfied that the case is made out against the accused. Hence, the learne

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