Kerala High Court dismissed the criminal revision regarding conviction under NI Act but modified the sentence to immediate release upon payment of compensation within five months.
Conviction confirmed; sentence modified to release on payment of Rs. 1 lakh compensation within five months under Section 357(3) Cr.P.C.
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
MONDAY, THE 17TH SEPTEMBER 2007 / 26TH BHADRA 1929
Crl.Rev.Pet.No. 3936 of 2006(B)
------------------------------CRA.361 OF 2004 OF THE ADDL. DISTRICT AND SESSIONS JUDGE, FAST TRACK (ADHOC), MAVELIKKARA IN C.C.NO. 211 OF 2002 OF THEft J.F.C.M. MAVELIKKARA
REVN. PETITIONER: APPELLANT/ACCUSED
SUNDARAN RAJENDRAN, VALIYA VEETTIL HOUSE, CHRUKODE P.O., MAVELIKKARA.
BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
RESPONDENTS: COMPLAINANT AND STATE
BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V.RAMKUMAR, J.
.................................................
Crl.R.P. No. 3936 of 2006
................................................ Dated: 17-09-007
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.211 of 2002 on the file of the J.F.C.M. Mavelikkara 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. 3936 of 2007 -:2:-
This Revision is disposed of confirming the conviction but modifying the sentence as above.
V. RAMKUMAR, JUDGE.
ani/-
2 issues framed by the court
Whether there is error in the conviction of the accused for offences under Section 138 of the Negotiable Instruments Act.
Whether the sentence imposed on the revision petitioner is proper or liable to be modified.
3 provisions across 2 enactments
Sundaran Rajendran
State of Kerala
Sivan Kutty Nair
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
