Partly allowed

K.H.Abdulla v. State of Kerala

Kerala HC12 Jul 2007Crl.Rev.Pet/2648/2007

Case brief

AI extract

What is this about?

The High Court Criminal Revision Bench disposed of a revision petition challenging conviction and sentence for a cheque dishonour offence under Section 138 NI Act. Finding no error in the conviction, the bench confirmed the conviction but modified the sentence, directing the appellant to pay compensation as a condition for limited imprisonment.

What did the court decide?

Conviction confirmed; sentence modified to imprisonment till the rising of the court on payment of Rs. 65,000 compensation within four months; default sentence of three months simple imprisonment.

K.H.Abdulla Vs State of Kerala — 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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THURSDAY, THE 12TH JULY 2007 / 21ST ASHADHA 1929

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Crl.Rev.Pet.No. 2648 of 2007()

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-----------------------------CRA.290/2006 of ADDL.SESSIONS JUDGE(ADHOC)-II, THODUPUZHA ST.39/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THODUPUZHA

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REVN. PETITIONER: APPELLANT/ACCUSED

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K.H.ASABULLA, S/O HABEEB MUHAMMED, KAVALAPILLY HOUSE, PARADISE ROAD, VYTTILA, COCHIN 682 019.

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BY ADV. SRI.K.RAMAKUMAR

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SRI.R.JAYACHANDRAN

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RESPONDENTS: RESPONDENTS/STATE & COMPLAINANT

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

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SRI. CHANDY, S/O GEORGE, MOOTHEDATHU HOUSE, ARAKULAM KARA, THODUPUZHA.

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Crl. R.P. No. 2648 OF 2007

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Dated this the 12^th day of July, 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 S.T. No.39/2006 on the file of the J.F.C.M.-II, Thodupuzha 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 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

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Crl.R.P.No.2648/07

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: 2 :

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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 appellant provided he complies with the condition hereinafter mentioned. Accordingly, if the revision petitioner pays to the 2^nd respondent complainant by way of compensation under section 357(3) Cr.P.C. a sum of Rs.65,000/- (Rupees sixty five thousand only) within four 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

K.H.Abdulla v. State of Kerala

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K.H.Abdulla v. State of Kerala

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