VIJUNA.V.K Vs. MITHUN.K

JUDGEMENT

(1.) The revision petitioner is the accused in the case C.C.No.753/2016 on the file of the Court of the Judicial First Class Magistrate-V, Kozhikode.

(2.) The trial court found the petitioner guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and convicted her thereunder and sentenced her to undergo simple imprisonment for a period of three months and also directed her to pay an amount of Rs.3,50,000/- as compensation to the complainant and in default of payment of compensation, to undergo simple imprisonment for a period of three months.

(3.) The petitioner filed Crl.A.No.150/2018 before the Court of Session, Kozhikode challenging the conviction entered against and the sentence imposed on her by the trial court. The appellate court confirmed the conviction of the petitioner under Section 138 of the Act but modified the sentence of imprisonment to imprisonment till the rising of the court and imposed a fine of Rs.3,50,000/- on the petitioner and in default of payment of fine, to undergo simple imprisonment for a period of three months. The petitioner challenges the concurrent verdicts of guilty and conviction passed against her by the courts below and the sentence imposed on her by the appellate court.