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2026 Supreme(Online)(Ker) 9948

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
P SREEKUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: ADV SHRI.S.HARIKRISHNAN
For the Respondents: SRI SUDHEER G., PUBLIC PROSECUTOR

Table of Content
1. case details on conviction under section 138. (Para 1)
2. arguments presented by both parties. (Para 2)
3. re-evaluation of evidence and court's determination. (Para 3)
4. reasoning for sentencing modifications based on legal principles. (Para 4)
5. final decision regarding conviction and sentencing. (Para 5)

ORDER

The petitioner is the accused in CC No.882/1999 on the files of the Judicial First Class Magistrate Court, Thiruvalla, a case relating to the commission of offence under Section 138 of the Negotiable Instruments Act . The learned Magistrate convicted the petitioner and sentenced him to Simple Imprisonment for three months with a further direction to pay compensation of Rs.55,000/- to the complainant under Section 357 (3) Cr.P.C. In the appeal, the learned Additional Sessions Judge, Pathanamthitta, confirmed the conviction and modified the sentence by reducing the compensation amount to Rs.50,000/-, while retaining the substantial sentence of Simple Imprisonment for three months awarded by the learned Magistrate. Aggrieved by the above findings of the Trial Court and the Appellate Court, the petitioner is here before this Court with this revision.

2. Heard

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