Kerala HC rejected criminal revision against conviction under Section 138 NI Act by two courts below for lack of perversity, dismissed petition, but granted six months to pay compensation.
Six months granted to pay compensation awarded by the appellate court.
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 B.SUDHEENDRA KUMAR
FRIDAY, THE 21ST DAY OF OCTOBER 2016/29TH ASWINA, 1938
Crl.Rev.Pet.No. 1387 of 2011 ( )
AGAINST THE JUDGMENT IN CRA 296/2009 of ADDL. SESSIONS COURT(ADHOC 2), THRISSUR
AGAINST THE JUDGMENT IN ST 3475/2005 of J.M.F.C.-I,THRISSUR REVISION PETITIONER(S)/APPELLANT/1ST ACCUSED:
JACOB M.RAPHAEL, AGED 51 YEARS, S/O. MURINGATHERI RAPHAEL, MURINGATHERI HOUSE,, CHAIAKKOTTU KARA P.O., EAST FORT, THRISSUR.
BY ADV. SRI.C.A.ANOOP
RESPONDENT(S)/RESPONDENTS/COMPLAINANT:
ERNAKULAM.
THRISSUR,, PIN-680 006.
PUBLIC PROSECUTOR SRI. C.K. PRASAD FOR R1
BY ADVS. M/S. K.M.JAMALUDHEEN,LATHA PRABHAKARAN & SMT. DHANYA S. DHARAN
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 21-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B. SUDHEENDRA KUMAR, J.
Crl.R.P. No. 1387 of 2011
Dated this the 21st day of October, 2016
ORDER
The revision petitioner was found guilty concurrently by the courts below under Section 138 of the Negotiable Instruments Act, 1881.
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Crl.R.P. No. 1387 of 2011
does not warrant any interference by this Court.
In the result, this Revision Petition stands dismissed. However, the Revision Petitioner is granted six months to pay the compensation.
Needless to state that if the revision petitioner had deposited any amount before the trial court as per the order of this Court dated 31-5-2011 in Crl.M.A. No. 4791/2011, the said amount will be treated as part payment of the compensation awarded by the appellate court.
Sd/-B. SUDHEENDRA KUMAR, JUDGE.
Ani/
/true copy/
P.S. to Judge
1 issue framed by the court
Whether the concurrent finding of conviction under Section 138 of the Negotiable Instruments Act by two courts below warrants interference in a criminal revision petition.
1 provisions across 1 enactments
JACOB M. RAPHAEL
STATE OF KERALA
P.D. RIXON
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
