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2025 Supreme(Online)(Ker) 36378

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
SREEJA – Appellant
Versus
T. GOMATHI – Respondent


Advocates:
For the Appellants/Petitioners: SRI.A.SHAFEEK
For the Respondents: SR PP SRI HRITHWIK C S, SRI.M.R.SASITH

Table of Content
1. conviction under section 138 upheld. (Para 2)
2. court’s limited jurisdiction in reviewing convictions. (Para 3)
3. limited scope in revisional jurisdiction. (Para 4)
4. sentence modified due to nature of offense. (Para 5)

O R D E R

This Criminal Revision Petition is filed against the conviction and sentence imposed on the Revision petitioner by the trial court and the appellate court.

2. The Revision petitioner is the accused in CC No.291/2019 on the file of the Judicial First Class Magistrate Court-II, Kayamkulam. It is a prosecution initiated against the petitioner alleging offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act'). The learned Magistrate after a full fledged trial found that the petitioner is guilty under of the NI Act and she was sentenced to undergo simple imprisonment for a period of three months and to pay an amount of Rs.2,00,000/- to the complainant as compensation under Section 357(3) of Cr.P.C. In default of payment of the compensation amount, the petitioner was directed to undergo simple imprisonment for a further period of one month. Aggrieved by the conviction and sentence imposed by the trial

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