High Court of Kerala confirmed conviction and modified sentence in cheque dishonour case. Petitioner must pay Rs. 1,00,000 compensation; otherwise faces simple imprisonment. By V.Ramakumar, J.
Imprisonment modified to 'till rising of court' on payment of Rs. 1,00,000 compensation within four months; default attracts 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
FRIDAY, THE 6TH JULY 2007 / 15TH ASHADHA 1929
Crl.Rev.Pet.No. 383 of 2004(C)
CRL.A.NO.329/03 OF V ADDL.SESSIONS JUDGE, ERNAKULAM CC.NO.1782/98 OF JFCM-II, ALUVA
REVN. PETITIONER: APPELLANT/ACCUSED
VARGHESE P.JOHN, PAINUKAL HOUSE, KANDANAD P.O., THIRUVANKULAM.
BY ADV. SRI.C.AJITH KUMAR (KALLESSERIL)
RESPONDENTS: RESPONDENTS-COMPLAINANT & STATE
BY ADV. SRI.P.SANTHALINGAM
PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Crl.R.P. No. 383 OF 2004 C
Dated this the 6th 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 C.C. No.1782/1998 on the file of the J.F.C.M.-II, Aluva 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.2482/07
: 2 :
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.
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 the conviction entered by the lower courts in a cheque dishonour case under Section 138 NI Act under appeal warrants confirmation.
Whether the sentence of imprisonment imposed on the appellant requires modification upon payment of compensation to the complainant.
3 provisions across 2 enactments
Varghese P. John
P.O. Jose
State of Kerala
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
