Criminal Revision challenging conviction and sentence under Section 138 of the Negotiable Instruments Act. Conviction upheld; sentence modified to imprisonment only on default of payment.
Conviction confirmed. Sentence modified: bail allowed if Rs. 50,000 paid to complainant within five months; otherwise, three months simple imprisonment.
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 V.RAMKUMAR
TUESDAY, THE 11TH SEPTEMBER 2007 / 20TH BHADRA 1929
Crl.Rev.Pet.No. 2277 of 2007()
C.C. 858 OF 2002 OF J.F.C.M. III, PUNALUR
REVN. PETITIONER: APPELLANT/ACCUSED
ABDUL RAHIM, S/O. YONNUS KUNJU, CHARUVILA PUTHEN VEEDU, BHARANIKAVU, PUNALUR.
BY ADV. SRI.PAULY MATHEW MURICKEN
RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE
HIGH COURT OF KERALA, KOCHI.
BY PUBLIC PROSECUTOR K.S. SIVAKUMAR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V.RAMKUMAR, J.
................................................. Crl.R.P. No. 2277 of 2007
................................................ Dated: 11-09-2007
O R D E R
In this Revision filed under Section 397 read with Sec. 401 Cr.P.C. the petitioner who was the accused in C.C. No.858 of 2002 on the file of the J.F.C.M.-III, Punalur 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').
Crl.R.P.2277 of 2007
-:2:-
This Revision is disposed of confirming the conviction but modifying the sentence as above.
V. RAMKUMAR, JUDGE.
ani/-
2 issues framed by the court
Whether the conviction recorded by the lower courts warrants interference on the facts.
Whether the sentence imposed on the revision petitioner requires modification.
3 provisions across 2 enactments
Abdul Rahim
Uthuman Rawther
State of Kerala
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
