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2011 Supreme(Online)(KER) 28184

HIGH COURT OF KERALA
V.K.MOHANAN, J
ANANDAVALLY AMMA – Appellant
Versus
P KAMALAMMA – Respondent


O R D E R

The accused in a prosecution for the offence under Section

138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') approached this Court by preferring the above revision petition challenging her conviction and sentence, imposed as per judgments of the trial court as well as the lower appellate court.

2. I have heard learned counsel for the revision petitioner as well as counsel for the respondents.

3. As this Court is not inclined to interfere with the order of conviction recorded by the courts below, the learned counsel for the revision petitioner submitted that the sentence imposed by the court below is highly unreasonable and exorbitant and therefore, some leniency may be shown towards the revision petitioner who is a lady. I find no reason to decline the above request. The cheque in question is dated 19.5.2006. The Honourable Apex Court in the decision reported in Damodar.S.Prabhu v. Sayed Babalal.H. [JT 2010(4) SC 457] has held that in the case of dishonour of cheques, the compensatory aspect of the remedy should be given priority over the punitive aspects. .

4. Considering the facts and circumstances involved in the case and in the light of the above decis

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