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2008 Supreme(Ker) 449

THOTTATHIL B.RADHAKRISHNAN
Komalam Gopi – Appellant
Versus
T. K. Mohankumar – Respondent


Advocates Appeared:For the Petitioners:N.K. Mohanlal, Advocate. For the Respondents:R1, K.B. Suresh, Advocate.

Judgment :

This revision is by the accused in a case taken cognizance of on the basis of a private complaint alleging offences punishable under Section 138 of the Negotiable Instruments Act. The trial court convicted the accused and sentenced her to undergo rigourous imprisonment for six months and to pay fine of Rs.60,000/-. The court of session allowed her appeal on the question of sentence, modified it and sentenced her to pay a fine of Rs.60,000/-, in default of which, to undergo simple imprisonment for two months. Out of the fine amount collected, an amount of Rs.45,000/- was to be paid to the complainant as compensation.

2. The allegation against the petitioner was that she and her husband informed the complainant that employment opportunity is available in the Cochin Port Trust that could be obtained for her, for which purpose, an amount of Rs.45,000/- has to be paid to the accused. Believing those words, the complainant parted with that amount and paid it to the accused and her husband by borrowing it from the relatives of the complainant. No job was secured as agreed. The complainant wanted return of money. With the intervention of mediators, a cheque dated 31.10.1992 for a




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