MINI K Vs. B PRASAD

JUDGEMENT

(1.) The revision petitioner is the accused for the offence punishable under Section 138 of the Negotiable Instruments Act in C.C.No.442 of 2007 on the file of the Judicial First Class Magistrate Court, Paravoor, instituted on the basis of a complaint filed by the first respondent herein.

(2.) The trial court, as per the impugned judgment rendered on 29.7.2013, had convicted the petitioner for the abovesaid offence and had sentenced her to undergo simple imprisonment for a period of three months and to pay compensation of Rs.90,000/- to the complainant and in default of payment thereof, the accused was ordered to undergo simple imprisonment for a period of one month.

(3.) Aggrieved thereby the petitioner had preferred Crl.Appeal No.258 of 2013 before the Sessions Court, Kollam. The appellate court concerned (Court of the Additional Sessions Judge-IV, Kollam), as per the impugned judgment rendered on 23.11.2015, had confirmed the conviction, but had modified the sentence by setting aside the impugned substantive sentence of simple imprisonment for three months and had reduced the same to imprisonment till the rising of the court. The accused was also ordered to pay fine of Rs.90,000/- and in default thereof, she was ordered to undergo simple imprisonment for a period of one month and the fine amount so realised was directed to be paid as compensation to the complainant under Section 357(1) of the Cr.P.C.