High Court of Kerala dismissed a criminal revision petition challenging conviction and sentence under Section 138 of the Negotiable Instruments Act, confirming lower court findings and granting time for compensation payment.
Time granted of ten months to pay compensation and surrender in default.
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 M.L.JOSEPH FRANCIS
TUESDAY, THE 11TH DAY OF MARCH 2014/20TH PHALGUNA, 1935
Crl.Rev.Pet.No. 544 of 2014 ()
CRIMINAL APPEAL NO.409/2011 of SESSIONS COURT, ALAPPUZHA
CC 897/2008 of J.M.F.C.,AMBALAPUZHA
REVISION PETITIONER/APPELLANT/ACCUSED:
MOHANLAL AGED 54 YEARS
KALARICKAL HOUSE, ERATHODU MURI, PUNNAPRA
ALAPUZHA.
BY ADV. SRI.C.A.RAJEEV
RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:
KAYIPPURATHU, VADACKAL, ALAPUZHA-688 001.
REPRESENTED BY THE PUBLIC PROSEUCTOR
HIGH COURT OF KERALA, ERNAKUALM.
R1 BY ADV. SRI.S.SHANAVAS KHAN
R2 BY PUBLIC PROSECUTOR SMT.SEENA RAMAKRISHNAN.
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.L.JOSEPH FRANCIS, J.
Crl.R.P. No.544 of 2014
----------------------------------------------Dated 11th March, 2014
O R D E R
This Criminal revision Petition is filed by the accused in C.C.No.897/2008 on the file of the Judicial First Class Magistrate, Ambalappuzha, challenging the conviction and sentence imposed on him under Section 138 of the Negotiable Instruments Act (for short, 'the NI Act'). The cheque amount was 5,00,000/-. The trial court convicted the accused under Section 138 of the NI Act and he was sentenced to undergo simple imprisonment for three months and to pay an amount of 5,00,000/- to the complainant as compensation under Section 357(3) of the Cr.P.C. In default of payment of compensation, the accused was ordered to undergo simple imprisonment for three months. Against that conviction and sentence, the accused filed Criminal Appeal No.409 of 2011 before the Sessions Court, Alappuzha, which was allowed in part. The conviction under Section 138 of the NI Act was confirmed, but the sentence was modified. The accused was sentenced to undergo simple imprisonment till the rising of the court and to
Crl.R.P.No.544/14
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pay compensation of `5,00,000/- under Section 357(3) of the Cr. P.C. and in default to undergo simple imprisonment for three months. Against that judgment, the appellant/accused filed this Revision Petition.
petitioner and the learned Public Prosecutor.
the 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 appellate court awarded only a reasonable sentence, I find no reason to interfere with the sentence also.
Accordingly this Criminal Revision Petition is dismissed as it is without any merits. Ten months time is granted to the accused in C.C.No.897/2008 on the file of the Judicial First Class Magistrate, Ambalappuzha to pay the
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compensation and to surrender before the trial court to undergo imprisonment.
Sd/-
M.L.JOSEPH FRANCIS, JUDGE.
tgs
(true copy)
1 issue framed by the court
Whether the concurrent convictions and sentences by lower courts in a cheque bounce case require interference by the High Court.
2 provisions across 2 enactments
Mohanlal
Sasidharan
State of Kerala
M.L.Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
