In a cheque dishonour case, the High Court confirmed the conviction. Upon the appellant's agreement to pay 9% interest on compensation, the sentence was reduced to one day. Execution of the sentence is suspended pending payment of the sum with interest.
Substantive sentence reduced to one day; execution suspended until compensation with 9% interest is paid.
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 11TH DAY OF OCTOBER 2012/19TH ASWINA 1934
Crl.Rev.Pet.No. 2197 of 2004 (D)
CRA.233/2002 OF ADDITIONAL SESSIONS COURT, N.PARAVUR CC.948/1998 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA.
REVISION PETITIONER/APPELLANT/ACCUSED::
KOMALAM, W/O. BABU, KUNNATHUCHIRA HOUSE, THUDIYOOR, KAKKANAD P.O.
BY ADV. SRI.B.RAMACHANDRAN.
RESPONDENT/RESPONDENTS/COMPLAINANT::
1. T.M. THANKAPPAN,
2. STATE OF KERALA,
R1 BY ADVS. SMT.K.S.SAIRA, SRI.C.D.JOHHNY, SRI.SHAIJAN JOSEPH. R2 BY PUBLIC PROSECUTOR MR.BIJU MEENATTOOR.
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
S. SIRI JAGAN, J.
- - - - - - - - - - - - - - - - - - - - - - - Crl. Rev. Petition No.2197 of 2004
- - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of October, 2012
O R D E R
The petitioner is the accused in C.C. No.948/1998 before the Judicial First Class Magistrate's Court-I, Aluva. The prosecution was under Section 138 of the Negotiable Instruments Act. The Magistrate convicted the petitioner and sentenced her to undergo simple imprisonment for five months and directed her to pay Rs.45,000/- as compensation to the complainant under Section 357 (3) of the Cr P.C. with a default sentence of imprisonment for six months. Crl. Appeal No.233/2002 filed by the petitioner before the Additional Sessions Judge, North Paravur was dismissed. The petitioner has filed this Crl. Revision Petition challenging the judgements of the courts below. When the matter was taken up, the counsel for the petitioner submits that the petitioner does not wish to contest the matter on merits but confines relief for reduction of the sentence of imprisonment and for time to
Crl. Rev. Petition No.2197 of 2004
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pay the compensation amount. When it was pointed out to the learned counsel for the petitioner that the complainant has suffered because of the long delay in paying the compensation, the counsel submits that, if this Court so orders the petitioner is prepared to pay interest at the rate of 9% to the complainant, on the compensation amount.
The conviction is confirmed. The substantive sentence of imprisonment is reduced to one till rising of the court. If the petitioner has already undergone any detention, the same shall be set off against the said sentence of punishment. The petitioner shall pay the compensation of Rs.45,000/- with 9% interest from the date of the complaint, with a default sentence of imprisonment for six months. The Magistrate shall keep the execution of the sentence in abeyance till 12.02.2013, by which time, the petitioner shall pay off the compensation amount as directed above. If the petitioner does not pay the compensation amount within the
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said time, the Magistrate shall promptly execute the default sentence.
Sd/-
S. SIRI JAGAN JUDGE
//True copy//
P.A. TO JUDGE
shg/
3 issues framed by the court
Whether to confirm the conviction in a cheque dishonour case where the accused agreed to pay interest on compensation.
Whether to reduce the substantive sentence of imprisonment and grant time to pay compensation.
Whether to direct the withholding of execution of sentence pending payment of compensation.
2 provisions across 2 enactments
KOMALAM, W/O. BABU, KUNNATHUCHIRA HOUSE, THUDIYOOR, KAKKANAD P.O.
STATE OF KERALA
S. SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
