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2020 Supreme(Ker) 2

R.NARAYANA PISHARADI
Ambili. R – Appellant
Versus
Sree Gokulam Chit And Finance Company (P) Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Sri. P. Chandrasekhar, Sri. K.K. Mohamed Ravuf, Sri. D. Sreekanth, Shri. Anoop Krishna
For the Respondent: Sri. Ajith Murali-PP.

JUDGMENT :

R.NARAYANA PISHARADI, J.

This original petition is filed under Article 227 of the Constitution of India, challenging the legality and propriety of Ext.P4 order passed by the Court of Session, Thalassery.

2. The petitioner is the accused in the case S.T.No.98/2017 on the file of the Court of the Judicial First Class Magistrate-V, Kannur.

3. The aforesaid case was instituted upon the complaint filed by the first respondent under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). After trial, the learned Magistrate found the petitioner guilty of the offence under Section 138 of the Act and convicted her there under and sentenced her to imprisonment till the rising of the court and also directed her to pay an amount of Rs.67,65,000/- as compensation to the complainant and in default of payment of compensation, to undergo simple imprisonment for a period of fifteen days.

4. The petitioner filed appeal before the Court of Session, Thalassery challenging the conviction entered against her and the sentence imposed on her by the trial court. The appeal was admitted by the Sessions Court.

5. The petitioner had filed Ext.P3 application for suspens

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