Denny Jose v. M/S.Inperious
Case brief
What is this about?
Held no error in conviction under the N.I. Act, 1881; modified default sentence to a fine of Rs. 25,000 payable as compensation to avoid imprisonment.
What did the court decide?
Conviction confirmed; sentence modified to a fine of Rs. 25,000 payable as compensation; failure to pay within three months attracts simple imprisonment of three months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930
Crl.Rev.Pet.No. 1074 of 2003() --------------------------------------------CRA.NO.452/2002 OF THE III ADDL.SEESIONS COURT, ERNAKULAM CC.NO.1277/98 OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, ERNAKULAM.
PETITIONER IN CRL.R.P.: APPELLANT IN CRA/ACCUSED IN C.C: ----------------------------------------------------------------------------------------------DENNY JOSE, VELLIYATH, PROPRIETOR, M/S. VEECEES, MANAVALAN BUILDINGS, LISSY JUNCTION, ERNAKULAM NORTH. BY ADV. SRI.T.M.MATHAI SRI.V.J.JOHN
1ST RESPONDENT IN CRLR.P.:1ST RESPONDENT IN CRL.APPL : COMPLAINANT IN C.C.2ND RESPONDENT IN CRL.R.P.& STATE:
------------------------------------------------------------------------------------------------1. M/S. IMPERIOUS INDIA, REPRESENTED BY ITS MANAGING PARTNER, MOHAMMED RAFIQUE, S/O. MOIDEEN, IMPERIOUS HOUSE, XL 1/503, CHITTOOR ROAD, ERNAKULAM-35.
2. STATE OF KERALA, REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. C.M. NAZAR
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Issues for consideration
2 issues framed by the court
Whether an error, illegality or impropriety exists in the concurrent findings of conviction recorded by courts below.
Whether the sentence imposed in revision needs modification based on the Supreme Court decision in Ettappadan.
Parties & counsel
- appellant
Denny Jose
- respondent
Mohammed Rafique
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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