K.G. SHANTHAMMA Vs. SRI CHANNAPPA

JUDGEMENT

(1.) THIS Criminal Revision Petition is filed challenging the Judgment dated 25.01.2011 passed by the Fast Track Court -VIII, Bangalore City in Crl. A. No. 356/2009 dismissing the appeal filed against the Judgment dated 15.04.2009 passed by the XV Additional Chief Metropolitan Magistrate, Bangalore City in CC No. 32180/2005 convicting the petitioner/accused for the offence under Section 138 of the Negotiable Instrument Act (herein after referred to as 'the N.I. Act' for short and sentencing to pay fine of Rs. 4,12,000/ -, in default of payment of fine to undergo simple imprisonment for a period of four months with a direction that a sum of Rs. 4,10,000/ - out of the fine recovered shall be paid as compensation to the respondent/complainant. The parties are referred to as per their rankings before the trial Court for the purpose of convenience and clarity.

(2.) LEARNED Counsel for the accused submits that, he does not challenge the finding of the trial Court insofar as the order of conviction is concerned and prays for leniency with regard to the sentence imposed, since the accused is a lady and she is doing house hold work and she is depending on her husband for paying the said amount.

(3.) LEARNED Counsel for the accused however, submits that the orders as found equitable may be passed in the interest of justice.