Partly allowed

Harshakumar v. Sudharma and Another

Kerala HC12 Sept 2007Crl.Rev.Pet/2171/2007

Case brief

AI extract

What is this about?

High Court Bench dismissed criminal revision, upholding conviction for cheque bounce under NI Act. Court modified sentence, granting conditional release contingent on payment of Rs. 2 Lakhs within five months.

What did the court decide?

Confirmation of conviction; sentence modified to imprisonment till rising of court upon payment of Rs. 2,00,000 within five months, else three months simple imprisonment.

Harshakumar Vs Sudharma and Another — 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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WEDNESDAY, THE 12TH SEPTEMBER 2007 / 21ST BHADRA 1929

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Crl.Rev.Pet.No. 2171 of 2007()

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-----------------------------CRA.79/06 OF III ADDL.SESSIONS JUDGE, KOLLAM CC.877/04 OF JFCM-I, KOTTARAKKARA

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REVN. PETITIONER: APPELLANT/ACCUSED:

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HARSHAKUMAR, S/O.KUMARAN, KUMAR BUILDINGS, H.NO.6/343, EZHUKONE MURI, KOTTARAKKARA.

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BY ADV. SRI.T.MADHU

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RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE:

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SUDHARMA. D/O.KARTHIYAYANI, RAMESH BHAVAN, EDAKIDOM MURI, KAREEPRA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT.

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Crl. R.P. No. 2171 OF 2007 B

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Dated this the 12^th day of September, 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.877/2004 on the file of the J.F.C.M.-I, Kottarakkara 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 revision 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

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15 days of receipt of the statutory notice. Both the courts have considered and rejected the defence set up by the revision petitioner

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Crl.R.P.No.2171/07 : 2 :

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while entering the above finding. The said finding has been recorded on an appreciation of the oral and documentary 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. I am, however, inclined to modify the sentence imposed on the revision petitioner provided he complies with the condition hereinafter mentioned. Accordingly, if the revision petitioner pays to the 1^st respondent complainant by way of compensation under section 357 (3) Cr.P.C. a sum of Rs.2,00,000/- (Rupees two lakhs only) within five months from today, then he need to undergo only imprisonment till the rising of the court. If on the other hand, the revision petitioner commits default in making the payment as aforesaid, he shall undergo simple imprisonment for three months by way of default sentence. Money, if any, paid by the revision petitioner pursuant to the orders, if any, passed by the lower appellate court shall be refunded to the revision 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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aks

Harshakumar v. Sudharma and Another

Case brief

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Harshakumar v. Sudharma and Another

Case brief

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