Sreeja V vs State Of Kerala
2022 Latest Caselaw 7251 Ker

             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

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