IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
SYAMALA LEKSHMANAN – Appellant
Versus
STATE OF KERALA – Respondent
O R D E R The challenge in this Crl.Revision Petition is to the judgment dated 30.10.2024 in Crl.Appeal No.232 of 2023 passed by the Additional Sessions Court-I, Kottayam, confirming the conviction and modifying the sentence rendered by the Judicial Magistrate of First Class-I, Ettumanoor, in judgment dated 18.10.2023 in S.T No.928 of 2018.
2. The revision petitioner is the sole accused. She has been convicted under Section 138 of the Negotiable instruments Act, 1881 (for short ‘the NI Act’) and sentenced to undergo imprisonment till rising of the Court. He was also directed to pay a fine of Rs.8,00,000/-.
3. The respondent No.1/complainant filed a complaint before the Trial Court alleging that the revision petitioner/accused executed Ext.P1 cheque for a sum of Rs.7,50,000/-. The complainant presented the cheque for encashment. It was dishonoured unpaid due to insufficiency of funds in the account of the accused. Even after the receipt of the statutory notice, the revision petitioner did not pay the amount covered by the cheque.
4. The Trial Court took cognizance of the offence under Section 138 of the NI Act. The revision petitioner appeared on summons. She pleaded not guilty to
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