V MONY Vs. STATE OF KERALA; SAIRA BHANU

JUDGEMENT

(1.) Appellant was the accused in C.C.No.1133 of 2005 on the file of the Judicial 1st Class Magistrate Court, Mavelikkara. The said case arose out of a complaint filed by the 2nd respondent alleging offence under Section 138 of the Negotiable Instruments Act. The trial court found the appellant guilty under Section 138 of the Act and convicted and sentenced her thereunder. Crl.Appeal No.541 of 2007 filed before the Sessions Court, Alappuzha was dismissed.

(2.) We have heard the learned counsel for parties and considered the submissions made.

(3.) The short question raised for consideration is whether in view of the fact that the appellant has suffered the default sentence of imprisonment, she is liable to be absolved of to the liability to pay the fine amount, which was ordered to be paid as compensation to the respondent-complainant. Despite the persuasive contentions that are raised, we find that the issue has been pointedly considered by a Division Bench of this Court and has decided the issue against the appellant in the judgment reported in Raveendran's case wherein this Court held in paragraphs 18, 19, 20 and 27 as follows: