Partly allowed

Balan A.K. v. Sevana Chitties Pvt. Ltd.

Kerala HC1 Feb 2013Crl.Rev.Pet/268/2013

Case brief

AI extract

What is this about?

The Criminal Revision Petitioner was convicted under Section 138 of the Negotiable Instruments Act. The lower appellate court confirmed the conviction but imposed a fine. The High Court confirmed the conviction and the fine, granting the accused 45 days to pay the amount without attracting the default sentence immediately.

What did the court decide?

Conviction confirmed; 45 days' time granted to pay the fine from today until 16.03.2013; default sentence deferred unless payment is not made by that date.

Balan A.K. Vs Sevana Chitties Pvt. Ltd. — Cheque Dishonour | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.K.MOHANAN

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FRIDAY, THE 1ST DAY OF FEBRUARY 2013/12TH MAGHA 1934

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Crl.Rev.Pet.No. 268 of 2013 ()

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CC.2412/2009 of J.M.F.C.-II,THRISSUR DATED 13-05-2011 CRA.368/2011 of ADDL.SESSIONS COURT, THRISSUR DATED 20-11-2012

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REVISION PETITIONER(S)/APPELLANT/ACCUSED:

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BALAN A.K. S/O.KUMARAN CHETTIYAR,1230/XXVI,ALOOR HOUSE MG ROAD,THRISSUR.

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BY ADV. SRI.K.A.SREEJITH

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RESPONDENTS/RESPONDENTS/COMPLAINANT(S):

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1. SEVANA CHITTIES PVT LTD, EASTERN BAZAR REP. BY M.SURENDRANS/O.KARAPPAN KARAIATTUKARA P.O. ELTHURUTH,THRISSUR.

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2. STATE OF KERALA,

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REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA.

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BY PUBLIC PROSECUTOR ADV.SMT.R.REMA

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01-02-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ami/

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V.K.MOHANAN, J.

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Crl.R.P.No.268 of 2013

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Dated this the 1^st day of February, 2013.

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O R D E R

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The accused in a prosecution for an offence punishable under section 138 of the NI Act is the revision petitioner as he is aggrieved by the judgment dated 13.5.2011 in C.C.No.2412 of 2009 of the court of Judicial First Class Magistrate-II, Thrissur, and the judgment dated 20.11.2012 in Crl.A.No.368 of 2011 of the court of Additional Sessions Judge-Thrissur.

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The trial court sentenced the accused to undergo simple imprisonment for a period of 3 months and he is also ordered to pay `26,202/- as compensation under section 357 (3) of Cr.P.C. to the complainant and in default he shall undergo simple imprisonment for a period of 3 months. The lower appellate court by confirming the conviction imposed by the trial court, allowed the appeal in part and the substantive sentence is avoided and sentenced the accused

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Crl.R.P.No.268 of 2013

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to pay fine of Rs.30,000/- and on realising it, a sum of Rs.29,000/- shall be paid to the complainant as compensation u/s.357(1)(b) of Cr.P.C.

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As this Court is not inclined to interfere with the order of conviction and the sentence imposed, learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the fine amount. I find no reason to reject the above request.

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In the result, this Criminal Revision Petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the N.I.Act. Accordingly, while confirming the sentence to pay fine amount as ordered by the court below, the revision petitioner is granted 45 days' time from today to pay the fine amount. It is made clear that the default sentence fixed by the courts below will be attracted only if there is any failure on the part of the revision petitioner to pay the fine amount within the above extended time. Accordingly, the revision

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Crl.R.P.No.268 of 2013

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petitioner is directed to pay the fine amount fixed by the court below on or before 16.03.2013 . In case of any failure on the part of the revision petitioner in making the payment of the fine amount on or before the above date, the trial court is free to take coercive steps to secure the presence of the revision petitioner and to execute the sentence. Coercive steps, if any, pending against the revision petitioner shall be deferred till 16.03.2013.

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The criminal revision petition is disposed of as above.

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Sd/- V.K.MOHANAN, Judge

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ami/

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//True copy//

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P.A. to Judge

Balan A.K. v. Sevana Chitties Pvt. Ltd.

Case brief

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Balan A.K. v. Sevana Chitties Pvt. Ltd.

Case brief

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