The High Court of Kerala confirmed the conviction of the petitioner under Section 138 of the Negotiable Instruments Act for cheque dishonour. It modified the sentence to imprisonment till the rising of the court and enhanced compensation to Rs. 30,000.
Imprisonment till the rising of the court; compensation enhanced to Rs. 30,000.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
TUESDAY, THE 18TH DAY OF SEPTEMBER 2012/27TH BHADRA 1934
Crl.Rev.Pet.No. 649 of 2006 ( )
CRA.500/2003 of ADDL.SESSIONS COURT (FAST TRACK COURT-II), ALAPPUZHA
CC.228/2000 of J.M.F.C.-II, CHERTHALA
REVISION PETITIONER(S)/APPELLANT/ACCUSED:
C.D.BINEESH, S/O.DINESAN, BINEESH BHAVAN PATTANAKKADU P.O., CHERTHALA TALUK ALAPPUZHA DISTRICT.
BY ADV. SRI.JOHN JOSEPH(ROY)
COMPLAINANT(S)/RESPONDENTS/COMPLAINANT AND STATE:
1. K.R.MANOJ, KALATHIPARAMBIL HOUSE, PATTANAKADU P.O., CHERTHALA TALUK, ALAPPUZHA.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY ADV. SRI.SHAJI THANKAPPAN
BY PUBLIC PROSECUTOR SRI. ROY THOMAS
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
das
N.K.BALAKRISHNAN, J.
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Crl.R.P. No. 649 of 2006
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Dated this the 18th day of September, 2012
ORDER
The challenge in this revision is the concurrent verdict of conviction in a case filed under Sec.138 of N.I. Act. The petitioner was sentenced by the learned Magistrate to undergo S.I for one month and to pay Rs.25,000/- as compensation to the complainant. The appeal filed by the petitioner was dismissed by the learned Sessions Judge.
Crl.R.P.No.649/2006
: 2 :
the sentence has to be modified reducing the substantive sentence to imprisonment till the rising of the court; but enhancing the amount of compensation payable to the complainant.
Conviction is confirmed. In supersession of the sentence awarded by the court below, the petitioner is sentenced to undergo imprisonment till the rising of the court and to pay Rs.30,000/- (Rupees thirty thousand only) as compensation and in default, to undergo S.I for two months. Petitioner will appear before the learned Magistrate on 29.10.2012 to deposit the compensation amount and to undergo imprisonment till the rising of the court. If any amount has already been deposited, that shall be given credit to.
Sd/-
N.K.BALAKRISHNAN, JUDGE
das
// True copy //
PA to Judge
2 issues framed by the court
Whether the conviction under Section 138 of the Negotiable Instruments Act is sustainable?
Whether the sentence requires modification and enhancement of compensation?
1 provisions across 1 enactments
C.D. Bineesh
State of Kerala
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
