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N. SABITHA versus STATE OF KERALA

High Court of Kerala

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N. SABITHA v. STATE OF KERALA - Crl Rev Pet No. 3610 of 2006 [2006] RD-KL 1116 (13 October 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3610 of 2006()

1. N.SABITHA
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SRI.G.P.SHINOD

For Respondent :SRI.K.P.DANDAPANI

The Hon'ble MR. Justice R.BASANT

Dated :13/10/2006

O R D E R

R. BASANT, J.


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Crl.R.P.No. 3610 of 2006
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Dated this the 13th day of October, 2006

O R D E R

This revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Section 138 of the N.I. Act.

2. The petitioner/A2 alone faced the trial. She was arrayed as an accused in her capacity as the Secretary of the first accused Co- operative Society. The cheque is for an amount of Rs.33,347/- It bore the date 25.10.1994. Long before the disposal of the appeal, the actual cheque amount had been paid on 26.12.2001. The learned Appellate Judge, without specifically adverting to this aspect, had upheld the verdict of guilty and conviction and had modified the sentence imposed. The petitioner was sentenced to undergo imprisonment till rising of court and to pay Rs.45,000/- as compensation and in default to undergo S.I. for a period of three months. Crl.R.P.No. 3610 of 2006 2

3. The only contention raised before me is that the direction to pay compensation is excessive and has been imposed ignoring the fact that the entire cheque amount had already been paid and discharged directly between the parties on 26.12.2001. The quantum of compensation may be reduced. Leniency may be shown on the question of sentence. The petitioner, a woman, may not be compelled to undergo any sentence of imprisonment, it is prayed.

4. Having considered all the relevant inputs, I am persuaded to agree that the sentence deserves modification. I am satisfied that the petitioner can be spared of any sentence of imprisonment. An appropriate sentence of fine can be imposed, which will adequately compensate the petitioner, who has been compelled to fight two rounds of legal battle and wait from 1994 to 2001 to ensure payment of the amount due under the cheque. The challenge in this revision can succeed only to the above extent.

5. The respondent has entered appearance through counsel and confirms that the actual cheque amount had been paid and discharged on 26.12.2001.

6. In the result: Crl.R.P.No. 3610 of 2006 3

(a) This revision petition is allowed in part.

(b) The impugned verdict of guilty and conviction of the petitioner under Section 138 of the N.I. Act are upheld. ) But the sentence imposed is modified and reduced to fine of Rs.3,500/- and in default to undergo S.I. for a period of one month. If realised the amount shall be released to the complainant.

9. The petitioner shall appear before the learned Magistrate on or before 30.11.2006 to serve the modified sentence hereby imposed, if the fine amount is not paid by then. The sentence shall not be executed till that date. If the petitioner does not so appear, the learned Magistrate shall thereafter proceed to take necessary steps to execute the modified sentence hereby imposed. (R. BASANT) Judge tm HO


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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