K.Rajagopala Bhat v. Venkataraja Sharma
Case brief
What is this about?
In a cheque bounce prosecution under S.138 NI Act, the High Court of Kerala confirmed the conviction after the accused merely sought time to pay compensation. The Court invoked its inherent powers to expedite the judgment and ordered the petitioner to begin imprisonment after depositing the compensation or facing default.
What did the court decide?
Conviction confirmed; sentence of two months simple imprisonment to be undergone after payment of compensation; execution of sentence kept in abeyance.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
TUESDAY, THE 6TH DAY OF NOVEMBER 2012/15TH KARTHIKA 1934
Crl.Rev.Pet.No. 1560 of 2012 ()
CRA.233/2010 of SESSIONS COURT,KASARAGOD CC.80/2010 of J.M.F.C.-II, KASARAGOD
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REVISION PETITIONERAPPELLANT/ACCUSED:
K.RAJAGOPALA BHAT, AGED 45 YEARS, S/O.K.P.SUBRAYA BHAT, R/AT. KAILAR STORES, BANK ROAD UPPINANGADI, PUTTUR TALUK, D.K DISTRICT KARNATAKA STATE.
BY ADVS.SRI.K.SHRIHARI RAO
SMT.N.SHOBHA SRI.K.S.BALAKRISHNAN
RESPONDENTS/RESONDENTS/COMPLAINANT & STATE:
Issues for consideration
2 issues framed by the court
Whether the petitioner's criminal revision petition seeking time to pay compensation should be decided on merits or dismissed.
Whether the conviction in a cheque bounce case warrants confirmation upon failure to offer more than time to pay.
Parties & counsel
- appellant
K. Rajagopala Bhat
- respondent
Venkataraja Sharma
- respondent
State of Kerala
Coram
Case details
As recorded by the court registry
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