Criminal Revision Petition to challenge conviction and sentence under Section 138 of Negotiable Instruments Act for dishonoured cheque. High Court found evidence sufficient to sustain conviction and refused to reduce sentence.
Revision petition dismissed. Accused to surrender and suffer sentence. Time granted for compensation payment. Bail bonds cancelled.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932
Crl.Rev.Pet.No. 570 of 2005(A)
------------------------------------------CRA.535/2003 of ADDL. SESSIONS COURT (ADHOC),FAST TRACK COURT-1, THRISSUR CC.135/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR
REVN. PETITIONER(S): APPELLANT/ACCUSED:
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PRINCE, S/O. PAUL ANCHERI, EAST BAZAR, TIRUR, THRISSUR.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S): COMPLAINANT & STATE OF KERALA:
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1. A.R.MURALEEDHARAN, S/O.RAMAN EZHUTHACHAN AMMANATHU HOUSE, THANGALOOR, THRISSUR.
2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.FRANCO T.J.
R2 BY PUBLIC PROSECUTOR SRI. MUHAMMED PUZHAKKARA
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
P.Q.BARKATH ALI, J.
Crl..R.P NO.570 OF 2005
Dated this the 20th day of January, 2011
O R D E R
Revision petitioner is the accused in C.C.No.135/2001 of Judicial First Class Magistrate Court-I, Thrissur and appellant in Crl.Appeal No.535/2003 of III Addl. Sessions Court (ADHOC) Fast Track Court-1, Thrissur. He was convicted under Section 138 of Negotiable Instruments Act and was sentenced to undergo simple imprisonment for three months and to pay a compensation of Rs.70,000/- and in default to undergo simple imprisonment for three months by the learned Magistrate by judgment dated July 22, 2003. On appeal by the accused the learned Sessions Judge confirmed his conviction, but modified the sentence to imprisonment till the rising of the court and to pay compensation of Rs.70,000/- to the complainant, in default to undergo simple imprisonment for two months. The accused has now come up in revision challenging his conviction and sentence.
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Crl..R.P NO.570 OF 2005
Accused borrowed Rs.70,000/- from the complainant and to discharge the liability, he issued Ext.P1 cheque dated 05.10.2000 for the said amount which when presented for encashment was returned dishounoured for want of sufficiency of funds in the account of the accused in the bank and in spite of notice Ext.P3 dated 10.10.2000, the accused did not repay the amount which is an offence punishable under Section 138 of Negotiable Instruments Act. Therefore, the complainant filed a complaint before the trial Court.
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Crl..R.P NO.570 OF 2005
were marked on the side of the complainant. When questioned under Section 313 of Cr.P.C., the accused denied the entire transaction. The accused got himself examined as DW1.
petitioner/accused and the counsel for the revision first respondent/complainant.
1) Whether the conviction of the revision petitioner under Section 138 of Negotiable Instruments Act rendered by the trial court which is confirmed in appeal can be sustained ?
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Crl..R.P NO.570 OF 2005
2) Whether the sentence imposed is excessive or unduly harsh ?
Point No.1
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Crl..R.P NO.570 OF 2005
Point No.2
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Crl..R.P NO.570 OF 2005
In the result, revision petition is dismissed. The accused shall surrender before the trial court on or before 28/2/2011 to suffer the sentence. Three months' time is granted for payment of compensation. His bail bonds are cancelled.
P.Q.BARKATH ALI, JUDGE
mns
2 issues framed by the court
Whether the conviction of the revision petitioner under Section 138 of Negotiable Instruments Act rendered by the trial court which is confirmed in appeal can be sustained?
Whether the sentence imposed is excessive or unduly harsh?
1 provisions across 1 enactments
Prince, S/o. Paul Ancheri
A.R. Muraliedharan
The State of Kerala
P.Q.Barkath Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
