, a CrPC revision challenging conviction and sentence under Section 138 of the Negotiable Instruments Act. The court confirmed the conviction. It substituted the fine with compensation under Cr.P.C. 357(3) and granted four months time to pay.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 10TH JULY 2007 / 19TH ASHADHA 1929
Crl.Rev.Pet.No. 2466 of 2007()
CRA.127/2005 of ADDL. SESSIONS COURT (ADHOC), PATHANAMTHITTA ST.539/2003 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA
REVN. PETITIONER: APPELLANT/ACCUSED:
P.K.VASAVAN, PALANIKUNNATHIL HOUSE, MEZHUVELI P.O., MEZHUVELI VILLAGE, KOZHENCHERRY TALUK.
BY ADV. SRI.P.JACOB VARGHESE
SRI.VIVEK VARGHESE P.J.
RESPONDENTS: RESPONDENTS/COMPLAINANTS:
BY ADV. SRI.ROY THOMAS
SRI.N.M.VARGHESE PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Crl. R.P. No. 2466 OF 2007
Dated this the 10th day of July, 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 S.T. No.539/03 on the file of the J.F.C.M., Pathanamthitta 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.No.2466/07
: 2 :
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 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.
Crl.R.P.No.2466/07
: 3 :
said prayer. Having regard to the facts and circumstances of the case, I am inclined to grant four months' time to the revision petitioner to pay the compensation amount. Accordingly, the revision petitioner is given four months' time to pay the compensation amount failing which he shall suffer simple imprisonment for three months by way of default sentence.
This Revision is disposed of confirming the conviction but modifying the sentence as above.
(V. RAMKUMAR, JUDGE)
aks
2 issues framed by the court
Whether conviction under Section 138 of the Negotiable Instruments Act was properly recorded.
Whether sentence of fine rather than compensation under Section 357(3) Cr.P.C. was appropriate in this case.
3 provisions across 2 enactments
P.K. Vasavan
Chakkalamannil Chitty Fund
State of Kerala
V. Ramkumar
As recorded by the court registry
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