The High Court confirmed the conviction for cheque bounce under Section 138 NI Act but granted the appellant four months to pay the fine to avoid default imprisonment, noting her readiness to pay.
Conviction and sentence confirmed; appellant granted four months time to pay the fine to avoid default imprisonment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
FRIDAY, THE 24TH DAY OF FEBRUARY 2012/5TH PHALGUNA 1933
Crl.Rev.Pet.No. 435 of 2012 (D)
CRA.NO.101/2010 of ADDL. DIST. COURT & SESSIONS COURT (AD-HOC) FAST TRACK COURT III, PATHANAMTHITTA ST.NO.781/2007 of J.F.M.C.-I,PATHANAMTHITTA
REVISION PETITIONER/APPELLANT/ACCUSED:
B.SANTHA, W/O. RAGHAVAN, SINDHU BHAVAN, AYOORKONAM, VAZHAYILA, PEROORKADA, VATTIYOORKAVU, THIRUVANANTHAPURAM.
BY ADVS.SRI.B.S.SWATHY KUMAR SMT.M.G.AISHWARYA
RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE
R1 BY ADV. SRI.V.PHILIP MATHEW R2 BY PUBLIC PROSECUTOR, SRI. T.R. RAJESH
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24-02-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DST
P.BHAVADASAN, J.
Dated this the 24th day of February, 2012
O R D E R
The accused in this case 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 suffer simple imprisonment for a period of four months and to pay a fine of Rs.1,00,000/-, in default of payment of which she had to suffer simple imprisonment for a further period of two months. It was also directed that, if the fine amount was realized the same should be paid as compensation to the complainant under 357(1)(b) of Cr.P.C. In appeal, the lower appellate court confirmed the conviction but modified the sentence as one to simple imprisonment till the rising of the court and to pay a fine of Rs.1,00,000/-, in default of payment she had to undergo simple imprisonment for a period of two months. The appellate court also directed that if the fine amount was realized, the same should be given as compensation to the complainant under Section 357(1)(b) of Cr.P.C.
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Crl.R.P.No.435 of 2012
the amount remained unpaid, the complaint was laid.
appearance of the accused, all formalities were complied with. Particulars of the offence were read out to her, to which she pleaded not guilty and claimed to be tried.
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and disputed her liability to pay any amount under Ext.P2 cheque. She however chose to adduce no evidence.
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Crl.R.P.No.435 of 2012
evidence in support of her defence. The accused offered no satisfactory explanation as to how the cheque, which contains her signature and drawn on her account happened to come into the possession of the complainant. The complainant had shown that the accused had availed of financial facility and had issued Ext.P2 cheque and in the light of that fact, the courts below rightly held that the presumptions under Section 139 and 118 of the Negotiable Instruments Act are available to the complainant. The burden is certainly on the accused to rebut the presumptions.
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adduced by her to vitiate.
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In the result, while confirming the conviction and sentence passed by the lower appellate court, the revision petitioner is granted four months time from today to pay the fine amount as ordered by the courts below, failing which the default clause ordered by lower appellate court shall take effect.
P.BHAVADASAN, JUDGE
kkj
2 issues framed by the court
Whether the evidence sustains the presumption under Section 139 of the Negotiable Instruments Act against the accused.
Whether the revision petition raising no substantial legal grounds warrants interference with the conviction and sentence.
5 provisions across 2 enactments
B. Santha
Mulamoottil Finance Corporation
State of Kerala
P. Bhavadasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
