Dismissed

Shajan Mathew v. M.v.Mathai

Kerala HC4 Sept 2007Crl.Rev.Pet/495/2000

Case brief

AI extract

What is this about?

In a criminal revision petition filed by Shajan Mathew challenging his conviction for cheque dishonour under Section 138 of the Negotiable Instruments Act, the High Court of Kerala modified the original sentence of three months imprisonment and fine to an extended compensation structure with imprisonment in default, and disposed of the petition.

What did the court decide?

Sentence modified to imprisonment till rising of court and Rs.80,000 compensation in default, with three months time to pay; appearance before Magistrate directed.

Shajan Mathew Vs M.v.Mathai — Cheque Dishonour | Kerala HC (2007)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU

¶4

TUESDAY, THE 4TH SEPTEMBER 2007 / 13TH BHADRA 1929

¶5

Crl.Rev.Pet.No. 495 of 2000()

¶6

¶7

CC NO.1022/1996 ON THE FILE OF JFCM-I, MOOVATTUPUZHA CRL.A.NO.495/98 ON THE FILE OF IV ADDL.SESSIONS JUDGE, ERNAKULAM

¶8

REVN. PETITIONER:

¶9

¶10

SHAJAN MATHEW, S/O.MATHEW, POOTHUR PULPARAMBIL HOUSE, PERINGAZHA, PERUMBALLORE, MUVATTUPUZHA.

¶11

BY ADV. SRI.JOHN JOSEPH(ROY)

¶12

RESPONDENTS:

¶13

¶14

M.V.MATHAI, S/O.UTHUPPU, MEMADATHIL HOUSE, MUDAVOOR P.O., VAZHAPPILLY, MUVATTUPUZHA.

¶15

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

¶16

BY PUBLIC PROSECUTOR, SRI C.K.SURESH

¶17

THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶18

ORDER ON CRL.M.P.NO.2762/2000 IN CRL.R.P.NO.495/2000(B)

¶19

DISMISSED.

¶20

SD/- K.R.UDAYABHANU, JUDGE

¶21

04/09/2007

¶22

\TRUE COPY//

¶23

K.R.UDAYABHANU, J.

¶24

Dated this the 4th day of September, 2007

¶25

O R D E R

¶26

The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.5,000/- and in default to undergo simple imprisonment for one month. The fine amount if realised was directed to be paid to the complainant as compensation.

¶27

The counsel for the revision petitioner has only sought for modification of the sentence. In the circumstances, the sentence is modified to imprisonment till the rising of the court and to pay a compensation of rupees eighty thousand, to the complainant and in default to undergo simple imprisonment for three months. The revision petitioner is granted three months time to pay the amount of compensation. Revision petitioner/accused shall appear before the Judicial Magistrate of the First Class, Moovattupuzha, on 04/12/2007 to receive the sentence.

¶28

The criminal revision petition is disposed of as above.

¶29

K.R.UDAYABHANU, Judge

¶30

¶31

Crl.R.P.No.495/2000-B

¶32

-:2:-

¶33

K.R.UDAYABHANU, J.

¶34

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Crl.R.P.No.495 of 2000

¶35

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

¶36

O R D E R

¶37

4^th September, 2007

Shajan Mathew v. M.v.Mathai

Case brief

What is this about?

What did the court decide?

Shajan Mathew v. M.v.Mathai

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

E.K. Sulaiman Vs Director of Higher Secondary Education

R.Hariharan Pillai Vs Principal

Leslie Biveira Vs State of Kerala

D.Lasitha Vs Dy.Director of Education

M/S.Ideal Crumb Rubber Factory Vs State of Kerala

P.N.Kuttappan Vs Dist. Collector.,Idukki