SREEBA Vs. RAMESH K.P. & ORS.

JUDGEMENT

(1.) The petitioner is the accused for the offence under section 138 of the Negotiable Instruments Act, in S.T. No. 1268/2013 on the file of the Judicial First Class Magistrate Court-II, Perinthalmanna, instituted on the basis of a complaint filed by R-1 herein. The trial court as per the impugned judgment rendered on 28.11.2013 had convicted the petitioner for the above said offence and sentenced her to undergo simple imprisonment for one month and to pay fine of Rs. 2 lakhs, which shall be disbursable to the complainant as compensation under section 357(1)(b) of the Cr.P.C., 1973 and in default thereof the accused was sentenced to undergo simple imprisonment for a further period of six months. Aggrieved thereby, the petitioner has preferred Crl.A. No. 366/2013 before the Sessions Court, Manjeri. The appellate court concerned, as per the impugned judgment dated 11.3.2016 had upheld the conviction and modified and reduced the substantive sentence to imprisonment till the rising of the court and to pay fine of Rs. 2 lakhs and in default thereof the accused was sentenced to undergo simple imprisonment for a period of 4 months. It is aggrieved by these verdicts, that the petitioner has preferred the instant Crl.R.P by taking recourse to the remedy under Section 397 r/w section 401 of the Cr.P.C., 1973

(2.) Heard Sri. K.S.Madhusoodanan, learned counsel appearing for the petitioner, Sri. U.K.Devidas, learned counsel appearing for R- 1/complainant and Sri. Saigi Jacob Palatty, learned Prosecutor appearing for R-2 State.

(3.) It is submitted by the learned Advocates for the revision petitioner and the learned counsel for R-1/complainant that the complainant has already received an amount of Rs. 1 lakh directly from the petitioner-accused in relation to the dishonoured cheque involved in this case. The total fine/compensation amount imposed in this case is Rs. 2 lakhs. Sri. K.S.Madhusoodhanan, learned counsel for the petitioner submits on the basis of instructions from his party that the limited prayer made by the petitioner is for a direction from this Court to modify the impugned sentence by deleting the substantive sentence of imprisonment till the rising of the court and confine the sentence to pay a fine of Rs. 2 lakhs, which is the amount covered by the dishonoured cheque in question. Sri. U.K.Devidas, learned counsel for R-1 has no objection to the said course of action and submits that the only condition insisted by the 1st respondent-complainant is that the balance amount of Rs. 1 lakh should be paid through bank transfer within 3 months from today. Sri. K.S.Madhusoodanan, learned counsel for the petitioner, would submit that all efforts should be taken by the petitioner to ensure that the balance amount of Rs. 1 lakh is deposited to the account of the 1st respondent-complainant preferably within 3 months, at any rate, outer time limit of 4 months.