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2021 Supreme(Ker) 1110

VIJU ABRAHAM
Rajeswary – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: V.John Sebastian Ralph, K.J.Joseph, Vishnu Chandran, Ralph Reti John, Appu Babu, Shifna Muhammed Shukkur, Advs.
For the Respondent: Smt.S.Rekha, Public Prosecutor, C.Anilkumar, Adv.

ORDER :

The above Crl.M.C is filed by the petitioner who is an accused in C.C.No.340 of 2014 on the file of the Judicial First Class Magistrate Court-III, Ernakulam, for offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The trial court as per Annexure-A2 judgment convicted and sentenced the petitioner to undergo simple imprisonment for a period of one year and to pay a fine of Rs.7,17,000/- with a default clause of three months. The appeal filed by the petitioner as Crl.Appeal No.148 of 2017 on the file of the Additional Sessions Court-V, Ernakulam was dismissed as per Annexure-A3 judgment. The Criminal Revision Petition filed by the petitioner as Crl.R.P.No.41 of 2020 was disposed of as per Annexure-A4 order by affirming the conviction but modifying the sentence of simple imprisonment for one year as a sentence to pay fine of Rs.7,17,000/- and in default of payment of fine, to undergo simple imprisonment for a period of three months. The petitioner/accused was granted a period of six months to remit the amount of fine in the trial court.

2. Pursuant to the said order, the petitioner paid the entire amount of compensation/fine to the complainant/2nd respon

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