SUDHA MEKKOTH Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in the case C.C.No.47 of 2008 on the file of the Court of the Judicial First Class Magistrate, Koyilandy.

(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 and sentenced her to undergo simple imprisonment for a period of three months and directed her to pay an amount of Rs.60,000/- as compensation to the complainant and in default of payment of compensation, to undergo simple imprisonment for a period of two months.

(3.) The petitioner filed Crl.A.No.422/2017 before the Court of Session, Kozhikode challenging the conviction entered and the sentence imposed on her by the trial court. The appellate court took notice of the fact that, after the judgment of the trial court, the petitioner had paid an amount of Rs.70,000/- to the son of the complainant (the complainant was no more at that time). The appellate court found that the said amount was paid only in the year 2017 and observed that payment of the amount of the cheque subsequent to conviction by the trial court will not exonerate the petitioner from the criminal liability. However, the appellate court modified the sentence and reduced the substantive sentence of imprisonment to imprisonment till the rising of the court and directed the petitioner to pay an amount of Rs.60,000/- as compensation to the widow and the daughter of the deceased complainant. Aggrieved by the judgment of the trial court as well as the appellate court, the petitioner has approached this Court by filing this revision petition.