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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
P.A THOMAS – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. criminal proceedings initiated against the accused under section 138. (Para 1 , 2) |
| 2. court's emphasis on procedural compliance for payment of fines. (Para 3 , 6 , 9) |
| 3. debate over the validity of compensation receipt and payment procedures. (Para 4 , 5) |
ORDER
The petitioner is the accused in C.C.No.298/2009 on the file of the Judicial First Class Magistrate, Vadakkancherry, (Trial Court) which was filed by the 2nd respondent alleging for the commission of the offence punishable under Section 138 of the Negotiable Instruments Act , 1881, (‘NI Act’, in short).
2. By Annexure A1 judgment, the Trial Court had convicted and sentenced the petitioner to undergo simple imprisonment for a period of three months and pay Rs.1,10,000/- as fine. The fine amount realised was directed to be paid as compensation to the 2nd respondent. Aggrieved by Annexure A1 judgment, the petitioner filed Crl.Appeal No. 333/2011 before the Court of Sessions, Thrissur, (Appellate Court). However, by Annexure A2 judgment the Appellate Court dismissed the appeal and confirmed the conviction but modified the substantive sentence by making it till the rising of the Court and maintaining the sentenc
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