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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. V. JAYAKUMAR, J
M.K.ABDUL ASEES – Appellant
Versus
ABDUL RASHEED – Respondent
| Table of Content |
|---|
| 1. overview of trial court's findings. (Para 1 , 2) |
| 2. modification of sentence on appeal. (Para 3 , 4) |
| 3. limits of revisional jurisdiction. (Para 5 , 6) |
| 4. confirmation of conviction prerequisites. (Para 8 , 9) |
| 5. outcome and conditions for payment of compensation. (Para 10 , 12) |
ORDER
This revision petition is preferred impugning the judgment of the Additional Sessions Court-I, Kozhikode, in Criminal Appeal No. 338 of 2011 for the offence punishable under Section 138 of the Negotiable Instruments Act (for short, ‘the Act’). The above appeal was preferred, challenging the judgment in S.T. No. 949/2009 on the files of the Judicial First Class Magistrate Court-II, Thamarassery, whereby the accused was found guilty.
2. The trial court sentenced the revision petitioner to undergo simple imprisonment for two months and to pay a compensation of ₹2,00,000/- and in default to undergo simple imprisonment for three months.
3. The appellate court, as per the impugned judgment, modified and reduced the sentence to undergo imprisonment till rising of the court and to pay a fine of ₹2,36,000/-, in default to undergo simple imprisonment for a period of one month.
4. The learned counse
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