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2012 Supreme(Online)(KER) 13147

HIGH COURT OF KERALA
S. SIRI JAGAN, J
K P THANKAPPAN – Appellant
Versus
JIMMY K THOMAS – Respondent


O R D E R

The petitioner is the accused in C.C. No.803/1998 before the Judicial First Class Magistrate's Court-II, Muvattupuzha. The prosecution was one under Section 138 of the Negotiable Instruments Act. The Magistrate convicted the petitioner and sentenced him to undergo simple imprisonment for six months and to pay an amount of Rs.15,500/- to the complainant as compensation. The petitioner filed Crl. Appeal No.937/2002 before the VI Additional Sessions Judge, Ernakulam, which was dismissed. The petitioner is challenging the judgments of the courts below.

2. When the matter was taken up for hearing today, the counsel for the petitioner submits that the petitioner does not wish to contest the conviction now but confines relief for reduction of the sentence of imprisonment. It is submitted that the entire amount of compensation has been deposited before the court below.

3. I have heard the learned counsel for the

1st respondent also on this question.

4. I am inclined to reduce the sentence of imprisonment to one till rising of the court. But I am of opinion that correspondingly the petitioner has to pay additional compensation to the 1st respondent. In the above circumstances, this Crl

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