Partly allowed

N.a.Lilly v. Sasikala

Kerala HC26 Mar 2007Crl.Rev.Pet/372/1999

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a criminal revision petition challenging a conviction under Section 138 of the Negotiable Instruments Act. The court modified the sentence to imprisonment until the rising of the court, compensation of Rs.25,000, and one month default imprisonment.

What did the court decide?

Sentence modified to imprisonment till the rising of the court, compensation of Rs.25,000 payable in two months, and one month default imprisonment.

N.a.Lilly Vs Sasikala — 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 K.R.UDAYABHANU

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MONDAY, THE 26TH MARCH 2007 / 5TH CHAITHRA 1929

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Crl.Rev.Pet.No. 372 of 1999()

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----------------------------CRA.82/1997 of ADDL. SESSIONS COURT, ALAPPUZHA STC.74/1993 of CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA

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REVN. PETITIONER: APPELLANT/ACCUSED:

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N.A.LILLY THAIPPARAMBIL HOUSE ARATTUVAZHUWARD, ALAPPUZHA.

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BY ADV. SRI.K.R.SACHIDANANDAN

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RESPONDENTS: RESPONDENTS/COMPLAINANT

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SASIKALA

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DEVASWOMPARAMBU

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KOMMADI, ALAPPUZHA.

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.AMJAD ALI

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.R.P.NO.372/99

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ORDER ON CRL.M.P.NO.1578/99 IN CRL.R.P.NO.372/99

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DISMISSED

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26.3.2007

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SD/- K.R.UDAYABHANU, JUDGE

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/TRUE COPY/

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P.A. TO JUDGE

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K.R.UDAYABHANU, J

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CRL.R.P.No.372 of 1999

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--------------------------------------------Dated this the 26^th day of March, 2007

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ORDER

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The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for two months and to pay a fine amount of Rs.20,000/- and in default, to undergo simple imprisonment for one month.

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The prosecution case is that the revision petitioner/ accused received a sum of Rs.25,000/- and issued the impugned cheque which when presented for encashment got dishonoured for the reason of 'insufficient funds'. The lawyer notice demanding payment was not responded to, and the proceedings have been initiated within the stipulated time limits. Both the courts below have meticulously considered the evidence adduced in the matter. The execution of the cheque and the dishonour of the same for want of funds stands established. I find no reasons to interfere in the findings of the court below in exercise of the revisional jurisdiction. It was submitted that the revision petitioner has already undergone imprisonment. If so, the same

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CRRP372/99 Page numbers

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shall be treated as compliance with respect to the sentence imposed so far as the imprisonment is concerned.

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In the circumstances, considering the plea of the counsel for the revision petitioner, the sentence is modified to imprisonment till the rising of the court and to pay a compensation of Rs.25,000/- and in default, to undergo simple imprisonment for one month. Revision petitioner is granted two months' time to pay the amount of compensation. Revision petitioner shall appear before the Chief Judicial Magistrate Court, Alappuzha on 25.5.2007 to receive the sentence.

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The criminal revision petition is disposed of as above.

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K.R.UDAYABHANU, JUDGE

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csl

N.a.Lilly v. Sasikala

Case brief

What is this about?

What did the court decide?

N.a.Lilly v. Sasikala

Case brief

What is this about?

What did the court decide?

What the court decided

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