IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
CRL.REV.PET NO. 394 OF 2022
AGAINST THE JUDGMENT DATED 30.08.2019 IN C.C.NO.1781/2015 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOZHIKODE
AGAINST THE JUDGMENT DATED 08.02.2022 IN CRL.APPEAL
NO.402/2019 OF COURT OF ADDITIONAL SESSIONS JUDGE - V,
KOZHIKODE
REVISION PETITIONER/APPELLANT/ACCUSED:
SREEJA V, AGED 59 YEARS,
W/O.RAVEENDRAN, KAKKADAVATH HOUSE,
KAKKODI (PO), KOZHIKODE DISTRICT, PIN - 673 005.
BY ADVS.SRI.SHARAN SHAHIER
SMT.MINTU CHERIYAN
SMT.RAKHY BABY
RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 SREEMATHI, AGED 56 YEARS,
W/O.LATE VENU, VANIYERI HOUSE,
VENGERI (PO) , KANNADIKKAL
KOZHIKODE TALUK, PIN - 673 009.
R1 BY SRI.RENJITH GEORGE, SR.PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Crl.R.P.No.394 of 2022
2
ORDER
Dated this the 23rd 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 'NI Act') and orders of conviction and sentence passed successively by Judicial First Class Magistrate Court-I, Kozhikode (for short 'the trial court') and Court of Additional Sessions-V, Kozhikode (for short 'the appellate court') respectively in C.C.No.1718/2015 and Crl.Appeal No.402/2019.
2. The trial court has convicted and sentenced the revision petitioner to undergo simple imprisonment for six months and to pay a fine of Rs.10,00,000/- and to undergo simple imprisonment for two months in case of default in payment of fine. A further direction was also issued 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 'Cr.P.C'). When the judgment of the trial court was assailed, the appellate court has confirmed the Crl.R.P.No.394 of 2022 3 finding of guilt and set aside the substantive sentence of six months simple imprisonment. The direction to deposit a fine of Rs.10,00,000/-, default sentence and to pay it as compensation to the complainant on realisation are maintained. Against the aforesaid judgments, the revision petitioner has come up in the revision on hand.
3. The learned counsel for the revision petitioner did not argue much on merits. She only seeks for some time for depositing the fine amount.
4. Therefore, while declining to interfere with the concurrent findings of guilt of the revision petitioner, this Court is inclined to grant four months time, as of indulgence, in paying the fine amount. The trial court shall not proceed to execute the sentence against the revision petitioner during the period stands enlarged for payment. In case of default of the revision petitioner to deposit the fine amount within the time extended, the trial court shall proceed to execute the sentence forthwith.
Sd/-
MARY JOSEPH JUDGE NAB