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2026 Supreme(Online)(Ker) 6290

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
JAYAMON ANAND – Appellant
Versus
G.PRAGEETH – Respondent


Advocates:
For the Appellants/Petitioners: SRI.LATHEESH SEBASTIAN
For the Respondents: SRI.B.MOHANLAL, SRI SUDHEER G., PP

ORDER

The petitioner is the accused in S.T.No.637 of 2016 on the files of the Judicial First Class Magistrate Court, Kadakkal. He was convicted and sentenced by the learned Magistrate for the commission of the offence under Section 138 of the Negotiable Instruments Act to undergo Simple Imprisonment for a period of three months, and to pay fine Rs.3 lakh with the default clause of Simple Imprisonment for three months. The entire fine amount was directed to be paid as compensation to the complainant. In the appeal preferred before the Sessions Court, Kollam, the learned Sessions Judge confirmed the conviction as well as the sentence of imprisonment awarded by the learned Magistrate. However, it was clarified that the amount of Rs.3 lakh awarded by the learned Magistrate will be treated as compensation under Section 357(3) Cr.P.C. With the above modification, the appeal was dismissed by the learned Sessions Judge. Aggrieved by the above concurrent findings of the courts below, the petitioner is here before this Court with this revision petition.

2. Heard the learned counsel for the petitioner, the learned counsel for the complainant / 1st respondent and the learned Public Prosecutor

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