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2017 Supreme(Online)(KER) 23677

HIGH COURT OF KERALA
ALEXANDER THOMAS, J
LENIN – Appellant
Versus
ROSHAN – Respondent


Advocates:
SRI.SANTHOSH P.PODUVAL, SMT.R.RAJITHA, SMT.RASHIDA CHEMMENAMPALLY, SRI. BIJI. S. CHERIAN, SRI. JESTIN MATHEW

O R D E R

The petitioner has been indicted for the offence punishable under Section 138 of the Negotiable Instruments Act , in C.C.No.641 of 2008 on the file of the Judicial First Class Magistrate Court, Chavakkad, instituted on the basis of a complaint filed by the 1st respondent herein.

2. Ext.P1 is the dishonoured cheque dated 10.10.2007 is for Rs.5 lakhs and Ext.P2 is the dishonoured cheque dated 10.10. 2007 is for Rs.2 lakhs and thus totaling to Rs.7 lakhs. The trial court as per the impugned judgment rendered on 26.02.2014 has convicted the petitioner for the aforesaid offence and has sentenced to undergo simple imprisonment for six months and to pay Rs.10,40,000/- as compensation to the complainant under Section 357 (3) of the Code of Criminal Procedure , and in default thereof to undergo simple imprisonment for a further period of three months. Aggrieved thereby the petitioner had preferred Crl.Appeal No.94 of 2014 before the appellate Sessions Court concerned. The appellate Sessions Court (Court of First Additional Session Judge, Thrissur) as per the impugned judgment rendered on 7.9.2016 has affirmed the conviction but has reduced the substantive sentence from six months

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