Partly allowed

G. Thulasi Raj v. State of Kerala

Kerala HC15 Oct 2012Crl.Rev.Pet/1304/2012

Case brief

AI extract

What is this about?

This criminal revision petition challenged conviction and sentence in a cheque dishonour case. The High Court confirmed conviction but reduced the prison term and granted the appellant time to pay the remaining compensation, directing the Magistrate to suspend execution until payment.

What did the court decide?

Conviction confirmed. Substantive sentence reduced to till rising of court; execution suspended until balance compensation is paid; re-imprisonment directed for 18.2.2013.

G. Thulasi Raj Vs State of Kerala — Cheque Dishonour | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE S.SIRI JAGAN

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MONDAY, THE 15TH DAY OF OCTOBER 2012/23RD ASWINA 1934

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Crl.Rev.Pet.No. 1304 of 2012 () ------------------------------CRA.341/2010 of I ADDL SESSIONS JUDGE,PALAKKAD DIVISION AT OTTAPALAM CC.691/2008 of J.M.F.C., PATTAMBI

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REVISION PETITIONER(S)/APPELLANT/ACCUSED:

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G. THULASI RAJ, AGED 53 YEARS S/O.GOPALASWAMY, VIJAYA NIVAS, P.O.KOOTTANAD PALAKKAD DISTRICT.

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BY ADV. SRI.P.K.MOHANAN(PALAKKAD)

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RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT :

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2. THE OTTAPALAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT

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BANK LIMITED,

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OTTAPALAM, REPRESENTED BY THE SECRETARY, PIN-.679 101.

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R BY ADV. SMT. SEENA RAMAKRISHNAN - PUBLIC PROSECUTOR

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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acd

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S. SIRI JAGAN, J.

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Crl.R.P. No.1304 of 2012

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Dated this the 15^th day of October, 2012

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ORDER

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The petitioner is the accused in C.C.No.691/2008 before the Judicial First Class Magistrate's Court, Pattambi, in a prosecution under Section 138 of the Negotiable Instruments Act. The Magistrate convicted the petitioner and sentenced him to undergo simple imprisonment for a period of two months and to pay compensation of Rs.2,11,503/- (Rupees two lakhs eleven thousand five hundred and three only) to the complainant under Section 357(3) of the Cr.P.C., with a default sentence of simple imprisonment for a further period of 15 days. Set off if any was also allowed. In Criminal Appeal No.341/2010 filed by the petitioner before the Additional Sessions Judge, Palakkad Division at Ottapalam, both the conviction as well as the sentence were confirmed. The petitioner is challenging the judgments of the courts below.

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The learned counsel for the petitioner submits that,

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Crl. R.P.No.1304/12 2

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even before filing the Criminal Revision Petition, the petitioner had already paid Rs.1,00,000/- (Rupees one lakh only) and deposited a further amount of Rs.30,000/- (Rupees thirty thousand only) as per the interim order of this Court dated 13.6.2012. The learned counsel for the petitioner further submits that the petitioner only wants some time to pay the balance amount and does not contest the matter on merits. Although notice has been served on the 2^nd respondent, they have not chosen to enter appearance to contest the matter.

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I have heard the learned counsel for the petitioner and the learned Public Prosecutor.

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Having heard both sides, I am inclined to interfere with the substantive sentence of imprisonment and to grant the petitioner time to pay the balance compensation amount. Accordingly, this Criminal Revision Petition is disposed of as follows:

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The conviction is confirmed. The substantive sentence of imprisonment is reduced to one till the rising of the court. The petitioner shall appear before the Magistrate to undergo the

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Crl. R.P.No.1304/12 3

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sentence of imprisonment on 18.2.2013, after paying the balance compensation amount. Till then, the Magistrate shall keep the execution of the sentence in abeyance.

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S. SIRI JAGAN, JUDGE

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acd

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Crl. R.P.No.1304/12 4

G. Thulasi Raj v. State of Kerala

Case brief

What is this about?

What did the court decide?

G. Thulasi Raj v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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