SHEELA @ SHEELA SURESH W/O SURESH Vs. K.C. PANCHALAYA @ PREM KUMAR

JUDGEMENT

(1.) THESE two Criminal Revision Petitions arise out of one and the same judgment of the lower appellate court which had while confirming the judgment of the trial court which had convicted the accused (Petitioner in Crl.R.P. No. 825/2010) and sentenced him to pay a fine of Rs. 1,50,000/ - in respect of the offence under Section 138 of the Negotiable Instruments Act, modified the sentence by reducing the amount of fine to be paid by the accused to Rs. 1,00,000/ - instead of Rs. 1,50,000/ -.

(2.) THE reduction of the fine amount by the lower appellate court has given rise to Crl.R.P. No. 168/2010 by the Petitioner, who was the original complainant before the trial court, and she has sought for restoration of the sentence imposed by the trial court. The other petition i.e., Crl.R.P. No. 825/2010 is filed by the accused and he has sought for setting aside the judgments of both, the courts below and to acquit hint.

(3.) THE said cheques, on presentation, were returned with the endorsement "insufficient funds" and this led the complainant to file the complaint under Section 138 of the N.I. Act in respect of the cheque for Rs. 50,000/ -and the said case ended in conviction of the accused and even before the lower appellate court, the accused suffered an order and that case also reached the High Court and his conviction was confirmed.