The High Court at Ernakulam dismissed a criminal revision petition filed by an accused challenging conviction and sentence for cheque dishonour under Section 138 of the NI Act, upholding concurrent findings and granting ten months to pay compensation.
Crl.R.P. dismissed; ten months time granted to pay compensation and surrender.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
WEDNESDAY, THE 12TH DAY OF MARCH 2014/21ST PHALGUNA, 1935
Crl.Rev.Pet.No. 559 of 2014 ()
Crl.Appeal 523/2010 of II ADDL.SESSIONS COURT,THIRUVANANTHAPURAM ST 910/2007 of JMFC-V, THIRUVANANTHAPURAM (SPL.COURT-MARKLIST CASES)
REVISION PETITIONER/APPELLANT/ACCUSED:
ARUN RAMACHANDRAN NAIR
S/O.RAMACHANDRAN NAIR, ONATTU HOUSE GANDHI NAGAR, KOTTAYAM.
BY SRI.D.KISHORE
SMT.MINI GOPINATH
RESPONDENTS/COMPLAINANT & STATE:
BY PUBLIC PROSECUTOR, SMT P MAYA
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.L. JOSEPH FRANCIS J.,
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Dated this the 12th day of March 2014
ORDER
This Criminal revision Petition is filed by the accused in S.T. No.910 of 2007 on the file of Judicial First Class Magistrate Court - V, Thiruvananthapuram challenging the conviction and sentence imposed on him under Section 138 of the Negotiable Instruments Act (in short 'the NI Act'). The total cheque amount for three cheques was `36,906/-. 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 a fine of `36,906/- and in default of payment, the accused was sentenced to undergo simple imprisonment for two months. If
Crl.R.P. No.559 of 2014
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the fine was remitted, the complainant was entitled for the same as compensation. Against that conviction and sentence the accused filed Criminal Appeal No.523 of 2010 before the Additional Sessions Court, Thiruvananthapuram, which was allowed in part confirming the conviction but modifying the sentence. The accused was sentenced to undergo imprisonment till rising of the court and was directed to pay a fine of `36,906/-, in default to undergo imprisonment for two months. If the amount was realised, it was ordered to be paid to the complainant as compensation. Against that judgment, the appellant/accused filed this Revision Petition.
Crl.R.P. No.559 of 2014
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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 S.T.No.910 of 2007 on the file of Judicial First Class Magistrate Court-V, Thiruvananthapuram to pay the compensation and to surrender before the trial court to undergo imprisonment.
Sd/- M. L. JOSEPH FRANCIS, (JUDGE)
dl/
// TRUE COPY //
1 issue framed by the court
Whether the High Court should interfere with the conviction under Section 138 of the Negotiable Instruments Act confirmed by lower courts.
1 provisions across 1 enactments
ARUN RAMACHANDRAN NAIR
STATE OF KERALA
KERALA STATE TRANSPORT DEVELOPMENT CORPORATION LTD.
M.L. JOSEPH FRANCIS
As recorded by the court registry
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