The High Court reduced the imprisonment awarded for multiple cheque bounce offences to imprisonment till the rising of the court, granting the appellant two months to pay the compensation due.
Imprisonment reduced to till the rising of the court. Two months grant to pay compensation; default clause of lower court frames apply thereafter.
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 P.BHAVADASAN
THURSDAY, THE 2ND DAY OF FEBRUARY 2012/13TH MAGHA 1933
CRRP.No. 259 of 2012 (B)
[CRL.A.NO.206/2009 OF THE ADDITIONAL DISTRICT AND SESSIONS COURT (ADHOC) FAST TRACK COURT-II, PATHANAMTHITTA, DATED 29/11/2010, CC.NO.29/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, RANNI, DATED 11/05/2009]
PETITIONER/APPELLANT/ACCUSED:
C.C.MANNUAL, S/O. CHEMANALIL HOUSE, KUMALY.P.O., KUMALY VILLAGE, IDUKKI DISTRICT.
BY ADVS.SRI.G.HARIHARAN, SRI.PRAVEEN.H.
RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:
1. P.A.EASOWKUTTY, PUNNAKKALAYIL HOUSE, UTHIMOODU.P.O., CHERUKOLE VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 645.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
R1 BY ADV. SRI.K.K.SATHEESH, R2 BY PUBLIC PROSECUTOR SRI. T.R. RAJESH.
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02-02-2012, ALONG WITH CRL.R.P. NOS. 260/2012 & 261/2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Prv.
P. BHAVADASAN, J.
ORDER
In all these cases, the revision petitioner was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act. He was found guilty, and accordingly convicted and sentenced to various terms of imprisonment.
No.106 of 2008 before the same court, in which the accused
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Crl.R.P.259/2012 & con.cases.
was convicted and sentenced to suffer simple imprisonment for six months and to pay compensation of Rs.15,000/under Section 357(3) Cr.P.C., and in default of payment of which, to undergo simple imprisonment for three months. The appeal filed as Crl.Appeal No.207 of 2009 was dismissed by the Sessions Court confirming the conviction and sentence.
of 2008 before JFCM, Ranni, in which the trial court convicted and sentenced the accused to undergo simple imprisonment for six months and to pay a compensation of Rs.15,000/- under Section 357(3) Cr.P.C., failing which, he has to undergo simple imprisonment for three months. Appeal filed as Crl.Appeal No.206 of 2009 was dismissed by the lower appellate court.
complainant was that in order to discharge the debt due
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Crl.R.P.259/2012 & con.cases.
to the complainant, the accused had issued respective cheques, which on presentation bounced for want of funds in the account of the accused. Statutory notice issued to the accused did not invoke any reply and the amount remained unpaid. Hence the complaints were lodged.
Crl.R.P.259/2012 & con.cases.
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was dismissed. The result was that the evidence of the complainant stood unimpeached. On the basis of the materials before it, the court below found the accused guilty and accordingly convicted and sentenced him as already mentioned. The result of the appeals have already been referred to.
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Crl.R.P.259/2012 & con.cases.
the accused. Moreover, to the statutory notice issued, the accused remained unresponded and also the amount remained unpaid. Both the courts below after evaluating the evidence came to the conclusion that the complainant in each of these cases is successful in establishing that the cheques were issued by the accused for discharge of legally enforceable debts due to the complainant. The findings are based on appreciation of evidence and they are not shown to be perverse or unwarranted.
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Crl.R.P.259/2012 & con.cases.
In the result, while confirming the conviction and sentence passed by the trial court, as confirmed by the lower appellate court, the imprisonment awarded in each of these cases is reduced to imprisonment till the rising of the court, and in each of these cases the petitioner is granted two months from today to pay the compensation amount awarded by the court below, failing which, the default clause as imposed by the court below shall take effect.
These revision petitions are disposed of as above.
P. BHAVADASAN, JUDGE
sb.
1 issue framed by the court
Whether the sentence imposed in cheque dishonour cases was disproportionate and excessive.
2 provisions across 2 enactments
C.C. Manニュアル
State of Kerala
P.A. Easowkutty
P. Bhavadhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
