Kerala High Court
Girija.P vs Sree Gokulam Chit & Finance Company ... on 23 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
CRL.REV.PET NO. 443 OF 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.REV.PET NO. 443 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CRA NO.64 OF 2023 OF
DISTRICT COURT& SESSIONS COURT,MANJERI ARISING OUT OF THE
ORDER/JUDGMENT DATED IN CC NO.4 OF 2022 OF JUDICIAL MAGISTRATE
OF FIRST CLASS III, MANJERI
REVISION PETITIONER/S:
GIRIJA.P
AGED 58 YEARS
W/O RAMAKRISHNAN, RESIDING AT PAKKATH HOUSE,
VANIYAMBALAM POST, WANDOOR, NILAMBUR TALUK,
MALAPPURAM DISTRICT., PIN - 679339
BY ADVS.
R.NIKHIL
C.T.BASHEER
S.BIJU
NIMA MERIYAM KOSHY
RESPONDENT/S:
1 SREE GOKULAM CHIT & FINANCE COMPANY PRIVATE LIMITED
NO:66, ARCOT ROAD, CHENNAI-600024, REPRESENTED BY
ASHOKAN.V.A, AGED 52 YEARS, S/O S/O RAMUNNI,
ASSISTANT BUSINESS MANAGER., PIN - 600024
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
CRL.REV.PET NO. 443 OF 2024 2
KERALA, PIN - 682031
OTHER PRESENT:
PP: SHEEBA THOMAS
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
CRL.REV.PET NO. 443 OF 2024 3
P.V.KUNHIKRISHNAN, J
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Crl.Rev.Petition No. 443 of 2024
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Dated this the 23rd day of April, 2024
ORDER
This Revision Petition is filed challenging the conviction
and sentence imposed against the revision petitioner in CC No.
4/2022 of the Judicial First Class Magistrate Court-III, Manjeri
and in Crl.Appeal No. 64/2023 of the Sessions Court, Manjeri.
2. The petitioner was convicted and sentenced in a
Sec.138 of Negotiable Instruments Act proceedings by the trial
court and she was directed to undergo imprisonment till rising
of court and to pay a fine of Rs.1,70,400/-. In default of
payment of fine, the petitioner is directed to undergo simple
imprisonment for two months. If fine amount is realised, there
is direction to pay compensation to the complainant under Sec.
357 (1)(b) Cr.P.C. Aggrieved by the conviction and sentence,
the petitioner filed an appeal. Appeal was considered by the
Sessions Court, Manjeri and the conviction and sentence
imposed on the revision petitioner was confirmed as per the
judgment dated 20.01.2024 in Crl.Appeal No. 64/2023.
Aggrieved by the conviction and sentence, this Crl.R.P is filed.
3. Heard the learned counsel for the revision petitioner
and the learned Public Prosecutor.
4. The jurisdiction of this Court to interfere with the
concurrent finding of the conviction and sentence imposed by
the trial court and the appellate court is very limited. The fact
finding court and the appellate court considered the matter in
detail and thereafter, passed the impugned judgments. I see no
reason to interfere with the same.
5. At this stage, the counsel for the petitioner submitted
that some time may be granted to pay the fine. I think a
reasonable time can be granted.
Therefore, this Crl.R.P. is disposed of with the following
directions :
1) The conviction and sentence imposed on the revision
petitioner as per the impugned judgment is confirmed.
2) The time to deposit the fine amount as ordered by the
impugned judgment is extended for a further period of six
months from today.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
