IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
CRL.REV.PET NO. 640 OF 2020
AGAINST THE JUDGMENT DATED 31.012.2018 IN ST No. 17/2017 OF JUDICIAL
FIRST CLASS MAGISTRATE COURT-II, CHENGANNUR
JUDGMENT DATED 25.06.2020 IN CRL.A.NO.5/2019 OF ADDITIONAL SESSIONS
COURT-III, MAVELIKARA
REVISION PETITIONER/APPELLANT/ACCUSED:
JAYASREE,
AGED 47 YEARS,
W/O. BIJU, VAISHNAVAM, ERAVANKARA P.O.,
MAVELIKKARA, ALAPPUZHA DISTRICT.
PIN-690108.
BY ADVS.SRI.K.SHAMEER MOHAMMED
SRI.P.M.ABDUL JALEEL (KODUNGALLUR)
SRI.E.G.GORDEN
RESPONDENTS/RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
2 GEETHA UNNIKRISHNAN,
W/O. UNNIKRISHNA PILLAI, AGED 46 YEARS, U.K. BHAVANAM,
VENMONY PADINAJTTU-MURI, VENMONY VILLAGE, CHENGANNUR,
ALAPPUZHA DISTRICT, PIN-689121.
R1 BY PUBLIC PROSECUTOR SRI.RENJITH GEORGE
R2 BY ADVS.SRI.T.K.SANDEEP
SRI.ARUN KRISHNA DHAN
SRI.ARJUN SREEDHAR
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
03.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.R.P.No.640 of 2020
2
ORDER
Dated this the 3rd day of June, 2022 This revision is filed challenging concurrent findings of guilt of the revision petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') and orders of conviction and sentence passed consequently by Judicial First Class Magistrate Court-II, Chengannur (for short 'the trial Court') and Additional Court of Sessions-III, Mavelikkara (for short 'the appellate court') respectively in ST No.17/2017 and Criminal Appeal No.05/2019.
2. The trial court has found the revision petitioner guilty of the offence and convicted and sentenced her to undergo simple imprisonment for six months and to pay a fine of Rs.7,00,000/- and in default to undergo simple imprisonment for two months. The court has also directed that the fine amount on realisation shall be paid to the complainant as compensation under Section 357 (1) (b) of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.). The judgment of the trial court is assailed before the Crl.R.P.No.640 of 2020 3 appellate court. It has allowed the appeal in part and modified the substantive sentence imposed to imprisonment till rising of the court and the default sentence, by enhancing it to three months. The direction to pay fine amount of Rs.7,00,000/- was maintained.
3. The learned counsel for the revision petitioner did not argue on merits. According to him some leniency may be shown in the matter of default sentence by reducing it. This Court has noticed that though the trial court has imposed only two months' imprisonment as default sentence, the appellate court has enhanced it to three months without assigning any reasons.
In the above circumstances, the revision petition is allowed in part and the default sentence imposed for a period of three months is modified and reduced to two months.
Sd/-
MARY JOSEPH JUDGE MJL