Dismissed

V.K.Riyas v. Abdul Rahiman

Kerala HC10 Mar 2014Crl.Rev.Pet/525/2014

Case brief

AI extract

What is this about?

The Kerala High Court dismissed the criminal revision petition challenging conviction and sentence under Section 138 of the Negotiable Instruments Act. Rejecting the challenges as raised below, the Court confirmed the conviction and upheld the sentence.

What did the court decide?

The criminal revision petition was dismissed. The accused is granted six months to pay compensation and surrender for imprisonment.

V.K.Riyas Vs Abdul Rahiman — Cheque Dishonour | Kerala HC (2014)

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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 M.L.JOSEPH FRANCIS

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MONDAY, THE 10TH DAY OF MARCH 2014/19TH PHALGUNA, 1935

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Crl.Rev.Pet.No. 525 of 2014 ()

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Crl.A 197/2013 of SESSIONS COURT,KOZHIKODE

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CC 12/2013 (C.C. No.1160/12) of J.M.F.C.-II, VADAKARA

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REVISION PETITIONER/APPELLANT/ACCUSED:

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V.K.RIYAS, S/O.ABOOBACKER, AGED 39 YEARS (PROPRIETOR) TRITAN ADVERTISING COMPANY, MAVOOR ROAD, KOZHIKODE.

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RESIDING AT 43/90, “MIRWAS” HOUSE, PO VATAKARA BEACH CUSTOMS ROAD, VATAKARA - 14, VATAKARA TALUK

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BY ADV. SRI.ZUBAIR PULIKKOOL

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RESPONDENTS/COMPLAINANT & STATE:

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ABDUL RAHIMAN, S/O.KUNHAMMED AGED 58 YEARS JAS MAHAL, NEAR GOVT. HOSPITAL VATAKARA PUTHUR AMSOM, PO VATAKARA, VATAKARA TALUK, PIN 673 101 REP. BY SOUDA, W/O.ABDU RAHIMAN, SWASTHAM JASMAHAL, VATAKARA POST, KOZHIKODE DIST., VATAKARA TALUK - 673 101.

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STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN 682 031.

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BY PUBLIC PROSECUTOR, SMT P MAYA

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 10-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.L. JOSEPH FRANCIS J.,

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P. No.525 of 2014

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Dated this the 10^th day of March 2014

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ORDER

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This Criminal revision Petition is filed by the accused in C.C. No.12 of 2013 (C.C.No.1160 of 2012) on the file of the Judicial First Class Magistrate Court - II, Vadakara challenging the conviction and sentence imposed on him under Section 138 of the Negotiable Instruments Act (in short 'the NI Act'). The cheque amount was 40,000/-. The trial court convicted the accused under Section 138 of the NI Act and he was sentenced to undergo simple imprisonment till rising of the Court and to pay a fine of 43,300/- being the cheque amount and the interest from the date of cheque and in default of payment, the

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Crl.R.P. No.525 of 2014

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:2:

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accused was sentenced to undergo simple imprisonment for two months. If the fine amount was realised `43,300/- was ordered to be paid to the complainant. Against that conviction and sentence the accused filed Criminal Appeal No.197 of 2013 before the Sessions Court, Kozhikode which was dismissed. Against that judgment, the appellant/accused filed this Revision Petition.

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Heard the learned counsel for the revision petitioner and the learned Public Prosecutor. The learned counsel for the

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revision petitioner raised the same contentions raised before the trial court and appellate court. Both the courts below rejected the contentions by giving cogent reasons. Therefore, I find no reason to interfere with the concurrent findings of both the courts below and confirm the conviction under Section 138 of the NI Act. Since the trial court awarded only a reasonable sentence, I find no reason to interfere with the sentence also.

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Crl.R.P. No.525 of 2014

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:3:

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Accordingly this Criminal Revision Petition is dismissed as it is without any merits. Six months time is granted to the accused in C.C. No.12 of 2013(C.C. No.1160 of 2012) on the file of Judicial First Class Magistrate Court - II, Vadakara to pay the compensation and to surrender before the trial court to

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undergo imprisonment.

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Sd/-

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M. L. JOSEPH FRANCIS, (JUDGE)

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dl/

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// TRUE COPY //

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PA TO JUDGE

V.K.Riyas v. Abdul Rahiman

Case brief

What is this about?

What did the court decide?

V.K.Riyas v. Abdul Rahiman

Case brief

What is this about?

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