The High Court of Kerala allowed the criminal revision petition in a cheque transaction case under Section 138 NI Act. The court confirmed the conviction but granted the accused four months to pay the remaining compensation balance.
Revision allowed; accused to pay balance compensation in four months; default clause to take effect upon failure to pay.
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
WEDNESDAY, THE 15TH DAY OF FEBRUARY 2012/26TH MAGHA 1933
Crl.Rev.Pet.No. 421 of 2012 ()
CRA.286/2011 OF I ADDITIONAL SESSIONS COURT, KOLLAM ST.30/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, KOLLAM.
REVISION PETITIONER/APPELLANT IN CRL. APPEAL/ACCUSED IN CC:
MINI, W/O. RADHAKRISHNAN, SHIBU NIVAS, NEAR ACADEMY, KALLUVATHIKKAL. P.O, KOLLAM DISTRICT.
BY ADVS. SRI.R.SURAJ KUMAR, SRI.P.KRISHNA KUMAR (ALAPPUZHA), SRI.SUNIL J.CHAKKALACKAL.
RESPONDENTS/STATE/1ST RESPONDENT IN CRL. APPEAL/COMPLAINANT IN CC:
1. STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. RENUKA DEVI, W/O. RADHAKRISHNAN,
R1 BY PUBLIC PROSECUTOR SMT.LILLY LESLY. R2 BY ADV. SRI.R.NIKHIL.
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
P. BHAVADASAN, J.
Dated this the 15th day of February, 2012.
ORDER
The accused was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act. She was found guilty. She was therefore convicted and sentenced to undergo simple imprisonment for six months and to pay fine of Rs.5,00,000/-, and in default, to undergo simple imprisonment for three months. It was also directed that if the fine amount is realised, the same shall be released to the complainant as compensation under Section 357 Cr.P.C. In appeal, the appellate court confirmed the conviction but modified the sentence as imprisonment till the rising of the court and to pay compensation of Rs.5,00,000/-, and in default to undergo simple imprisonment for three months.
Crl.R.P.421/2012.
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the offence were read out to the accused, to which he pleaded not guilty and claimed to be tried. Accordingly, the complainant examined herself as P.W.1 and had Exts.P1 to P11 marked. After the close of the prosecution evidence, the accused was questioned under Section 313 Cr.P.C., in which he denied all the incriminating circumstances brought out in evidence against her and maintained that she is innocent. However, she chose to adduce no evidence.
Crl.R.P.421/2012. 3
On a consideration of the materials before it, the courts below came to the conclusion that the offence has been made out and that Ext.P1 cheque was issued by the accused to discharge the liability.
She speaks in terms of the complaint and she speaks about the transaction in detail. She has categorically deposed that in fact a sum of Rs.12,00,000/- was demanded by the accused in January, 2008. The husband of the complainant had sent Rs.2,00,000/- and she had got other amounts and thus Rs.5,00,000/- was given to the accused on 30.1.2008. When the money remained unpaid, she demanded the amount and then the cheque was issued. She then speaks about her relationship with the accused etc.
Crl.R.P.421/2012.
4
Crl.R.P.421/2012.
5
to have been deposited by the petitioner.
The revision petition is disposed of as above.
P. BHAVADASAN, JUDGE
sb.
3 issues framed by the court
Whether the conviction under Section 138 of the Negotiable Instruments Act should be confirmed.
Whether the accused can be given time to pay the compensation to avoid the default clause.
Whether the lower appellate court's confirmation of conviction and modification of sentence is sustainable.
2 provisions across 2 enactments
MINI, W/O. RADHAKRISHNAN
STATE OF KERALA
RENUKA DEVI, W/O. RADHAKRISHNAN
P. BHAVIDASAN
P. BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
