Partly allowed

K.P.Ahammed Kutty v. P.M.Chacko

Kerala HC24 Jul 2007Crl.Rev.Pet/1209/2004

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the criminal revision petition challenging conviction for cheque dishonour. Confirming the lower courts' findings, the judge modified the sentence to allow the petitioner three months to pay Rs. 25,000 compensation, reducing immediate imprisonment contingent on payment compliance.

What did the court decide?

Petitioner to pay Rs. 25,000 compensation to the complainant within three months; otherwise simple imprisonment of three months as default.

K.P.Ahammed Kutty Vs P.M.Chacko — Cheque Dishonour | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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TUESDAY, THE 24TH JULY 2007 / 2ND SRAVANA 1929

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Crl.Rev.Pet.No. 1209 of 2004(A)

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------------------------------CRA.119/2002 of SESSIONS COURT, KOZHIKOE CC.222/2000 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY

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REVN. PETITIONER: APPELLANT

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K.P.AHAMMED KUTTY, S/O. KONJOTHI, KOOLIPOYIL HOUSE, PANNIKKOTTOOR P.O., KODUVALLI.

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BY ADV. SRI.K.B.GANGESH

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SRI.JOE JOSEPH KOCHIKUNNEL

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RESPONDENTS: RESPONDENTS

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P.M.CHACKO, S/O. MATHEW, PALAKKULAM HOUSE, VATTOLI BAZAR, BALUSSERY KOZHIKODE DISTRICT.

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STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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BY ADV. SRI.SUNNY MATHEW

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V.RAMKUMAR, J.

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................................................. Crl.R.P. No. 1209 of 2007

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................................................ Dated: 24-07-2007

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O R D E R

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In this Revision filed under Section 397 read with Sec. 401 Cr.P.C. the petitioner who was the accused in C.C. No.222 of 2000 on the file of the J.F.C.M.I, Thamarassery challenges the conviction entered and the sentence passed against him for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act').

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I heard the learned counsel for the Revision Petitioner and the learned Public Prosecutor.

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The learned counsel appearing for the Revision Petitioner re-iterated the contentions in support of the Revision. The courts below have concurrently held that the cheque in question was drawn by the petitioner in favour of the complainant on the drawee bank, that the cheque was validly presented to the bank, that it was dishonoured for reasons which fall under Section 138 of the Act, that the complainant made a demand for payment by a notice in time in accordance with clause (b) of the proviso to Section 138 of the Act and that the Revision Petitioner/accused failed to make the payment within 15 days of receipt of the statutory notice. Both the courts have considered and rejected the defence set up by the revision petitioner while entering the above finding. The said finding has been recorded on an appreciation of the oral and documentary

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Crl.R.P. 1209 of 2007

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-:2:-

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evidence. I do not find any error, illegality or impropriety in the finding so recorded concurrently by the courts below. The conviction was thus rightly entered against the petitioner.

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What now survives for consideration is the question as to whether a proper sentence has been imposed on the Revision Petitioner. Having regard to the facts and circumstances of the case, I am, however, inclined to modify the sentence imposed on the revision petitioner. Accordingly, if the revision petitioner pays to the first respondent complainant by way of compensation under Sec. 357 (3) Cr.P.C. a sum of Rs. 25,000/- (Rupees twenty five thousand only) within three months from today, then he need to undergo only imprisonment till the rising of the court. If the revision petitioner commits default in making the payment as aforesaid, he shall undergo simple imprisonment for three months by way of default sentence.

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Amount, if any, paid by the revision petitioner pursuant to the orders, passed by the lower appellate court shall be refunded to the petitioner.

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This Revision is disposed of confirming the conviction but modifying the sentence as above.

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V. RAMKUMAR, JUDGE.

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ani/-

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Crl.R.P. 1209 of 2007 -:3:-

K.P.Ahammed Kutty v. P.M.Chacko

Case brief

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K.P.Ahammed Kutty v. P.M.Chacko

Case brief

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