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S.S.SATHEESACHANDRAN
Seenath – Appellant
Versus
Joyson – Respondent


Counsel for the Parties:
For the Petitioner:P.V. Kochuthresia and M.P. Mary, Advocates.
For the Respondents: P. Gopalakrishnan Nair and Sabu Sreedharan, PP.

ORDER

S.S. Satheesachandran, J. —Revision is by the accused, who has been convicted of the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short “the Act”), concurrently by the two courts below. The trial Magistrate, on conviction of the accused, has sentenced her to undergo simple imprisonment for six months and to pay fine of Rs. 70,000 with default term of simple imprisonment for two months more. Fine amount, if realized, was directed to be paid to the complainant as compensation. In appeal, the Sessions Judge confirmed the conviction and sentence without any modification. Feeling aggrieved, the accused has preferred this revision.

2. The first respondent is the complainant. He filed a complaint against the revision petitioner/accused alleging that a cheque issued by her towards discharge of a liability to him was dishonoured on presentation. When intimation of dishonour was given over phone he was directed to meet the accused to collect the sum. He went over to her house and, on demand, showed the dishonoured cheque. She snatched and got hold of a portion of the cheque and destroyed it. Later a notice intimating dishonour with demand of the sum covered by

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