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2023 Supreme(Online)(KER) 14102

HIGH COURT OF KERALA
P. G. Ajithkumar, J
SHEMI SHAJI, – Appellant
Versus
SREE GOKULAM CHITS AND FINANCE COMPANY PVT.LTD., – Respondent


Advocates:
M.B.SANDEEP, R.PRIYA, SHERIN VARGHESE, B.SURJITH, K.P.SREEJA, M.J.KIRANKUMAR

O R D E R

The petitioner is the accused in S.T.No.198 of 2015 on the files of the Judicial Magistrate of the First Class-II, Thodupuzha. The 1st respondent filed a complaint alleging offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (N.I.Act), upon which the said case arose. The petitioner was convicted and sentenced. She appealed against, but the Additional Sessions Judge-IV, Thodupuzha confirmed the conviction. The sentence was, however, modified. The sentence now is simple imprisonment till the rising of the court and payment of compensation of Rs.1,14,100/-. The petitioner challenges the said conviction and sentence in this Revision Petition filed under Section 397 (1) read with Section 401 of the Code of Criminal Procedure, 1973 (Code).

2. Heard the learned counsel appearing for the appellant, the learned counsel appearing for the 1st respondent and the learned Public Prosecutor.

3. The 1st respondent is a company, mostly involved in financial transactions. Husband of the petitioner was a subscriber to a chitty at the Thodupuzha Branch of the 1st respondent. He prized the chitty and received the prize amount. There occurred default in payment of insta

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