PUSHPALATHA Vs. P.K. BABU

JUDGEMENT

(1.) THE accused in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I. Act') is the revision petitioner as he is aggrieved by the judgment dated 14.3.2011 in S.T. No. 275 of 2010 of the court of Judicial First Class Magistrate -II, N. Paravur and the judgment dated 19.9.2012 in Crl.A. No. 137 of 2011 of the court of the Additional District and Sessions Judge (Adhoc -III), N. Paravur. The trial court sentenced the accused to undergo simple imprisonment for six months and is directed to pay a fine of Rs. 90,000/ - and in default of payment of fine, the accused shall undergo simple imprisonment for two months more. If the fine amount is realised, the whole amount shall be given to the complainant as compensation under Section 357(1) of the Cr.P.C. The appellate court confirmed the conviction and sentence recorded by the trial court.

(2.) AS this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner, who is a lady, submitted that the sentence imposed against the revision petitioner is exorbitant and unreasonable and the same may be set aside. It is also the submission of the learned counsel that some breathing time may be granted to the revision petitioner to pay the fine amount as ordered by the appellate court.