In a second appeal revision concerning cheque dishonour, High Court confirmed conviction but modified sentence to imprisonment till rising of court with option to pay compensation.
Sentence modified to imprisonment till rising of court; Rs.1 lakh compensation payable within 6 months; 3 months simple imprisonment in default.
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 K.R.UDAYABHANU
MONDAY, THE 16TH JULY 2007 / 25TH ASHADHA 1929
Crl.Rev.Pet.No. 841 of 2002(A)
-----------------------------------CRA.288/1999 of ADDL.SESSIONS COURT, KOZHIKODE CC.584/1997 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA ....................
REVN. PETITIONER: REVN.PETITIONER/APPELLANT/ACCUSED:
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P. REMANI BHAI, 2/1372, NEAR CHERIYAPALAM, P.O. KARAPARAMBU, NADAKKAVU, KOZHIKODE. BY ADV. SRI.K.PRAVEEN KUMAR
RESPONDENTS: RESPONDENTS/ACCUSED & STATE:
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1. T.V. JAYADEVAN, S/O. KANNAN VAIDYER, THYIVALAPPIL HOUSE, P.O. IRINGAL, KOYILANDY.
2. STATSE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.C.K.SURESH SRI.MOHANAN V.T.K.
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRLRP. NO.841/2002
ORDER ON CRL.MP. 4755/02 IN CRL.RP. 841/02
DISMISSED
16.07.2007
SD/- M.SASIDHARAN NAMBIAR, JUDGE
/TRUE COPY/
P.S. TO JUDGE
tss
K.R. UDAYABHANU, J.
CRL.R.P. NO.841 of 2002
Dated this the 16th day of July, 2007
ORDER
The revision petitioner stands convicted for the offence under section 138 N.I.Act and sentenced to undergo simple imprisonment for six months.
been proved through the evidence of PWs.1 and 2 and Exts.P1 to P8. There was no rebuttal of the statutory presumptions. In
the circumstances, the conviction is confirmed.
CRRP 841/2002
2
The revision petitioner shall appear before the JFCM, Vadakara on 15-1-2008 to receive the sentence.
The Crl.R.P is disposed of accordingly.
K.R.UDAYABHANU,JUDGE.
Kvm/
CRRP 841/2002
3
K.R.UDAYABHANU, J.
CRL.R.P.NO.841 OF 2002
ORDER
16-7-2007.
2 issues framed by the court
Whether sentence in conviction for cheque bounce should be modified to imprisonment till rising of the court with option to pay court fee.
Whether time should be granted to accused to pay dishonoured amount before executing sentence.
1 provisions across 1 enactments
P. Remani Bhai
State of Kerala
K.R. Udayabhanu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
