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2025 Supreme(Online)(Ker) 58081

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
GOPAKUMAR J – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.RAJESH
For the Respondents: SRI.E.C.BINEESH-SR.PP

O R D E R

This criminal revision petition has been filed challenging the concurrent finding of conviction and sentence in a prosecution under Section 138 of the Negotiable Instruments Act (for short, 'the NI Act').

2. The petitioner is the accused. The 2nd respondent is the complainant. The 2nd respondent filed a private complaint against the petitioner under Section 142 of the NI Act as S.T.No.659 of 2021 before the Judicial Magistrate of First Class- I, Kollam (for short, 'the trial court'). After trial, the trial court found the petitioner guilty under Section 138 of the NI Act and he was convicted for the said offence. He was sentenced to undergo simple imprisonment for a period of three months and to pay a compensation of Rs.3,00,000/- to the complainant under Section 357 (3) of Cr.P.C., in default to suffer simple imprisonment for thirty days. The petitioner challenged the conviction and sentence of the trial court before the IIIrd Additional Sessions Court, Kollam (for short, 'the appellate court') in Crl.Appeal No.150 of 2024. The appellate court confirmed the conviction but reduced the substantive sentence. He was sentenced to imprisonment till rising of the court and t

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