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2011 Supreme(Ker) 930

S.S.SATHEESACHANDRAN
Seenath, Malappuram – Appellant
Versus
T. Joyson, Malappuram – Respondent


Advocates Appeared:
For Petitioner:P.V. Kochuthresia, M.P. Mary, Advocates.
For Respondents:R1, P. Gopalakrishnan Nair, Advocate, R2 Sabu Sreedharan, Public Prosecutor.

Judgment :

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 realised, 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 1st 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 the cheque was issued,













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