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2026 Supreme(Online)(Ker) 26736

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
ELIZABETH @ BEENA – Appellant
Versus
BOBEN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.BIJU .C. ABRAHAM
For the Respondents: SRI.AJAYA KUMAR. G, SMT.FATHIMA MAJEED, SMT MAYA M.N., PUBLIC PROSECUTOR

Table of Content
1. background of conviction and appeal history. (Para 2)
2. cheque dishonour facts and evidence analysis. (Para 3)
3. fine payment extension granted due to crisis. (Para 6 , 7)

ORDER

The petitioner is the accused in ST No.487/2012 on the files of the Judicial First Class Magistrate Court III, Kollam. The learned Magistrate had convicted and sentenced her underSection 138of theNegotiable Instruments Act, to undergo Simple Imprisonment for six months and to pay a fine of Rs.4,32,000/- with a default clause of Simple Imprisonment for four months. It was further directed that out of the fine amount, if realised, Rs.4,30,000/- shall be paid to the complainant/1st respondent. Though the petitioner challenged the aforesaid verdict in appeal, the learned Sessions Judge, Kollam, declined to interfere with the conviction recorded by the Trial Court. However, the sentence was modified to imprisonment till the rising of the Court and fine Rs.4,32,000/- with a default clause of Simple Imprisonment for four months. As ordered by the Trial Court, it was directed that an amount of Rs.4,30,000/- out of the fine amount shall be paid to the de facto complainant. Aggrieved by the above co

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