Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE4H DAY OF MARCH201413TH PHALGUNA, 1935 Crl.Rev.Pet.No. 471 of 2014 () ------------------------------- CRL.A1202011 of II ADDL.S.C.,THIRUVANANTHAPURAM STC82010 of J.M.F.C.-III, NEDUMANGAD REVISION PETITIONER/APPELLANT/ACCUSED: -------------------------------------------------------------- SOUDA BEEVI, W/O.SHAMSUDEEN SHAMNAD MANZIL, NEAR HIGH SCHOOL THOLIKODE P.O., THIRUVANANTHAPURAM BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS/COMPLAINANT: ---------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM2 L.NANDANAN KADAYIL VEEDU, MALAYADI P.O., NEDUMANGAD, THIRUVANANTHAPURAM BY PUBLIC PROSECUTOR, SMT P MAYA THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON0403-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L. JOSEPH FRANCIS J., - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P. No.471 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March 2014 ORDER
This Criminal revision Petition is filed by the accused in S.T.C. No.8 of 2010 on the file of the Judicial First Class Magistrate Court - III, Nedumangad challenging the conviction and sentence imposed on her under Section 138 of the Negotiable Instruments Act (in short 'the NI Act'). The cheque amount was `1,00,000/-. The trial court convicted the accused under Section 138 of the NI Act and she was sentenced to undergo simple imprisonment for four months and to pay a compensation of `1,00,000/- to the complainant and in default of payment, the accused was sentenced to undergo simple imprisonment for two months. The compensation if remitted, Crl.R.P. No.471 of 2014 :2: was ordered to be paid to the complainant. Against that conviction and sentence the accused filed Criminal Appeal No.120 of 2011 before the Additional Sessions Court, Thiruvananthapuram, which was allowed in part. The conviction was confirmed. The accused was directd to pay fine of `1,00,000/-, which amount shall be paid as compensation to the complainant, in default to undergo simple imprisonemnt for four months. The sentence of imprisonment was reduced as till rising of the court. Against that judgment, the appellant/accused filed this Revision Petition.
2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor. The learned counsel for the revision petitioner raised the same contentions raised before the trial court and appellate court. Both the courts below rejected the contentions by giving cogent reasons. Therefore, I find no reason to interfere with the concurrent findings of both Crl.R.P. No.471 of 2014 :3: the courts below and confirm the conviction under Section 138 of the NI Act. Since the appellate court awarded only a reasonable sentence, I find no reason to interfere with the sentence also. Accordingly this Criminal Revision Petition is dismissed as it is without any merits. Ten months time is granted to the accused in S.T.C. No.8 of 2010 on the file of Judicial First Class Magistrate Court - III, Nedumangad to pay the compensation and to surrender before the trial court to undergo imprisonment. Sd/- M. L. JOSEPH FRANCIS, (JUDGE) dl/ // TRUE COPY //