In a cheque-dishonour case, this Court confirmed the conviction and fine though it reduced the substantive sentence to one month. The fine was confirmed and the petitioner was directed to pay the balance within five months.
Sentence reduced to one month; fine confirmed; balance to be paid within five months.
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 S.SIRI JAGAN
THURSDAY, THE 4TH DAY OF OCTOBER 2012/12TH ASWINA 1934
Crl.Rev.Pet.No. 1098 of 2012 ()
CRA.NO.48/2012 of SESIONS COURT, KALPETTA CC.NO.139/2008 of JUDICIAL FIRST CLASS MAGISTRATE COURT- I, KALPETTA
REVISION PETITIONER(S)/APPELLANT/ACCUSED:
T.RAVEENDRAN, S/O.RAMAN, THADATHIL HOUSE, RESIDING AT THELAMBATTA, P.O.MOOLANKAVU, SULTHAN BATHERY.
BY ADV. SMT.CELINE JOSEPH
RESPONDENT(S)/COMPLAINANT & STATE :
1. A.K.SATHEESAN, AGED 54 YEARS, S/O.P.R.KARUNAKARA PILLAI, KALLINGARA HOUSE, P.O.THAZHATHOOR,
BATHERY.PIN-673 595
2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
R1 BY ADV. SRI.T.G.RAJENDRAN
R2 BY PUBLIC PROSECUTOR SMT.SEENA RAMAKRISHNAN
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
S.SIRI JAGAN, J.
================== Crl.R.P.No. 1098 of 2012
================== Dated this the 4th day of October, 2012 O R D E R
The petitioner is the accused in C.C.No.139/2008 before the Judicial First Class Magistrate's Court, Kalpetta, in a prosecution under Section 138 of Negotiable Instruments Act. The Magistrate convicted the petitioner and sentenced to undergo simple imprisonment for three months and to pay a fine of ` 1,05,000/- with a default sentence of three months' simple imprisonment. The fine was directed to be paid to the complainant under Section 357(1) of the Cr.P.C. Against the judgment of the Magistrate, the petitioner filed an appeal as Crl.Appeal No.48/2012 before the Sessions Judge, Kalpetta with a petition to condone delay of 1029 days in filing the appeal. On the ground that the delay has not been properly explained and the petitioner has given different reasons in the affidavit filed along with the petition and in the subsequent affidavit, the Sessions Judge dismissed the petition to condone delay and consequently the criminal appeal also. The petitioner is challenging the judgments of the courts below.
Crl.R.P.1098/12 - : 2 :-
this Court by order dated 23.5.2012. The petitioner seeks eight months' time to pay the balance amount. The petitioner submits that the petitioner does not wish to contest the matter on merits, but limits the prayer for reduction of the sentence of imprisonment.
The conviction of the petitioner is confirmed. The substantive sentence of imprisonment is reduced to one till rising of the court. The direction to pay fine is also confirmed with the default sentence as imposed by the Magistrate. The petitioner shall pay the balance amount due within five months. The petitioner shall appear before the Magistrate for undergoing the sentence of imprisonment on 11.2.2013 after paying the fine amount. Till then, the execution of the sentence shall be kept in abeyance.
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Sd/S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
Crl.R.P.1098/12 - : 3 :-
2 issues framed by the court
Whether the conviction under Section 138 of the Negotiable Instruments Act should be affirmed and sentence reduced.
How to deal with the undischarged fine amount pending before disposal.
2 provisions across 2 enactments
T.Raveendran
A.K.Satheesan
The State of Kerala
S.Siri Jagan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
