IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
C.J. DAVIS JOLLY STORES – Appellant
Versus
C.R. JACOB – Respondent
| Table of Content |
|---|
| 1. overview of the case facts and procedural history. (Para 1 , 2 , 4) |
| 2. arguments regarding the sufficiency of evidence and legal requirements. (Para 5) |
| 3. court's observations on sentencing and conviction. (Para 6) |
| 4. final decisions and modification of the sentence. (Para 7) |
O R D E R
The petitioner is the accused in C.C No.632/2000 on the files of the Judicial First Class Magistrate Court, North Paravur. The learned Magistrate convicted the petitioner for the commission of offence under Section 138 of the Negotiable Instruments Act , 1881 (in short, ‘NI Act’) and sentenced him to undergo simple imprisonment for a period of one year with a further direction to pay compensation Rs.50,000/- to the complainant/first respondent. In the appeal preferred before the Additional Sessions Court, North Paravur as Crl.A No.168/2004, the learned Additional Sessions Judge confirmed the conviction but modified the sentence to simple imprisonment for six months, while retaining the compensation portion as such. It was further directed that in default of payment of compensation, the petitioner will undergo simple imprisonment for a further term of three months. Aggrieved by the ab
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