This is against a case of 138 NI Act. The accused was sentenced the fine/compensation of Rs. 4 lac, failing which he had to undergo two months imprisonment. He could not afford to pay 4 lacs and served imprisonment. Meanwhile an appeal was filed under Section 372 CrPC to enhance his sentence that was defended successfully and won. Now, after almost 2 years another case under Section 431/421 CrPC to pay Rs. 4 lacs. What could be the line of defence for me? After the judgement of Kumaran vs State of Kerala, I find no solutions. Please guide urgently.
