The criminal revision petition challenging the sentence for cheque dishonour under Section 138 NI Act was disposed of. The High Court modified the sentence by fixing the fine at Rs.45,000 and granting two months time to remit the amount.
Fine of Rs.45,000 fixed with two months' time to remit the amount; default imprisonment set at three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU
WEDNESDAY, THE 19TH SEPTEMBER 2007 / 28TH BHADRA 1929
Crl.Rev.Pet.No. 1130 of 2000()
-----------------------------CRA.109/1998 of SESSIONS COURT, KOTTAYAM ST.1634/1995 of JUDL.MAGISTRATE OF FIRST CLASS, PALA
REVN. PETITIONER:
SAFARULLAKHAN, CHUNDIRAMPARAMBIL, PETTA JUNCTION, KANJIRAPPALLY, KOTTAYAM.
BY ADV. SRI.M.J.THOMAS
RESPONDENTS:
BY ADV. SRI.SUNIL CYRIAC
PUBLIC PROSECUTOR, SRI AMJAD ALI
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/09/2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER ON CRL.M.P.NO.5938/2000 IN CRL.R.P.NO.1130/2000 DISMISSED.
SD/- K.R.UDAYABHANU, JUDGE
19/09/2007
\TRUE COPY//
K.R.UDAYABHANU, J.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Crl.R.P.No.1130/2000-B
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Dated this the 19th day of September, 2007
O R D E R
The revision petitioner is the accused who stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced as modified by the appellate court to pay a fine of Rs.47,000/- and in default to undergo simple imprisonment for three months. Out of the fine amount Rs.45,000/- is to be paid to the complainant under Section 357(1) Cr.P.C.
The counsel for the revision petitioner has only sought for modification of the sentence. In the circumstances, the sentence is modified to pay fine of Rs.45,000/- and in default to undergo simple imprisonment for three months. The fine amount, if realised, is to be paid to the complainant. The criminal revision petitioner is granted two months time to remit the fine amount. The criminal revision petition is disposed of accordingly.
K.R.UDAYABHANU, Judge
ms
K.R.UDAYABHANU, J.
Crl.R.P.No.1130/2000-B
O R D E R
19th September, 2007
1 issue framed by the court
Whether the sentence of fine and imprisonment imposed for the offence under Section 138 of the Negotiable Instruments Act requires modification in the interests of justice.
2 provisions across 2 enactments
Safarullakhan
The State of Kerala
K.R.Udayabanu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
