The Kerala High Court on Monday (29 September 2025) dismissed a revision plea filed by a 60-year-old woman convicted in a cheque bounce case. Justice P.V. Kunhikrishnan upheld the rulings of both the trial court and the appellate court, which had earlier found her guilty under Section 138 of the Negotiable Instruments Act (NI Act). However, the bench granted her a year’s time to pay the imposed fine, bringing a small relief in an otherwise stern decision.
Read also: Tamil Nadu Moves Supreme Court: Seeks Relief from Mandatory TET for Teachers Appointed Before 2010
Background
The case dates back to 2014, when a complaint was filed against M. Sunitha from Thiruvananthapuram. According to the prosecution, a cheque issued by her to the Vanchiyoor Co-operative Society had bounced due to insufficient funds. After a full trial, the Judicial Magistrate found her guilty in 2022 and sentenced her to simple imprisonment “till the rising of the court” along with a fine of ₹1,45,222. In case of default, she was to undergo an additional three months in prison.
Dissatisfied, she appealed before the Additional District Sessions Judge-II, Thiruvananthapuram. But the appellate court, in June 2025, reaffirmed the conviction and sentence. Left with no choice, she approached the High Court through a revision petition.
Read also: Madras High Court Sets Aside Rs.3.93 Lakh Compensation in Motor Accident Claim, Citing Borrower Rule
Court’s Observations
When the matter came up, Justice Kunhikrishnan made it clear that the High Court’s revisional powers were limited. “Unless there is illegality, irregularity or impropriety, this Court need not interfere,” the judge remarked while addressing the plea.
The bench carefully reviewed the judgments of both lower courts and concluded that they had examined all the evidence thoroughly before pronouncing guilt. “I am of the considered opinion that there is nothing to interfere with the conviction and sentence,” the order stated.
The court emphasized that Section 138 of the NI Act exists to maintain financial discipline and prevent misuse of negotiable instruments. It observed that both the trial court and appellate court had acted within the framework of law.
Read also: Bombay High Court Declines Anand Teltumbde’s Request To Travel Abroad For Academic Lectures
Decision
In the end, the High Court dismissed Sunitha’s revision petition, thereby confirming her conviction and sentence. However, in response to her counsel’s request for leniency in payment, the court granted her 12 months to pay the fine amount. During this period, all coercive steps will remain suspended.
The order also clarified that if Sunitha deposits the fine directly with the complainant and files an affidavit before the jurisdictional court, the payment will be duly recognized. Any amount already deposited in the trial court will be adjusted and handed over to the complainant society.
Read also: Bombay High Court Orders Malegaon Municipal Corporation to Reinstate Sacked Drivers
With this, the High Court closed the matter, balancing between enforcing financial accountability and offering the petitioner limited breathing space to arrange funds.
Case Title: M. Sunitha vs State of Kerala & Vanchiyoor Co-operative Society
Date of Judgment: 29 September 2025