Partly allowed

Vijayanarayanan v. State of Kerala

Kerala HC17 Jul 2007Crl.Rev.Pet/2702/2007

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed the Criminal Revision petition against conviction and sentence for cheque dishonour. While confirming the conviction under Section 138, the Court modified the sentence to direct payment of Rs.25,000, substituting it with a default sentence of three months imprisonment if not paid.

What did the court decide?

Conviction confirmed; sentence modified to imprisonment till rising of court contingent on payment of Rs.25,000, with default sentence of three months imprisonment.

Vijayanarayanan 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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TUESDAY, THE 17TH JULY 2007 / 26TH ASHADHA 1929

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Crl.Rev.Pet.No. 2702 of 2007()

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-----------------------------CRA.333/2006 of ADDL.SESSIONS JUDGE(ADHOC-I), MANJERI ST.951/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR

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REVN. PETITIONER:

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VIJAYANARAYANAN, S/O.KUTTIRAVUNNI NAIR MEKALAM HOUSE, KOVILAKATHUMURI, NILAMBUR POST, NILAMBUR AMSOM, DESOM

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BY ADV. SRI.VINOD VALLIKAPPAN

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RESPONDENTS:

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

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2. SAITHALAVI T.T., S/O.MOIDEEN, THEKKARATHODIKA HOUSE, CHANTHAKUNNU, NILAMBUR

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BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Crl. R.P. No. 2702 OF 2007

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Dated this the 17^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.951/2004 on the file of the J.F.C.M., Nilambur 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.2702/07

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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 revision petitioner 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.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 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

Vijayanarayanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Vijayanarayanan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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