The High Court of Kerala dismissed a criminal revision petition challenging a conviction and sentence under Section 138 of the Negotiable Instruments Act, finding no illegality or perversity.
Revision petition dismissed; six months time granted to pay the fine.
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 28TH DAY OF OCTOBER 2016/6TH KARTHIKA, 1938
Crl.Rev.Pet.No. 1968 of 2010 ( )
Crl.A 259/2009 of SESSIONS COURT,KOTTAYAM ST 1642/2008 of J.M.F.C.-II(MOBILE),KOTTAYAM
REVISION PETITIONER/APPLLEANT/ACCUSED:
THOMAS.C.ARACKAL, ARCHANA HOUSE, CHETHI.P.O., ALAPPUZHA DISTRICT.
BY ADVS.SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.M.R.VIBIN
RESPONDENTS/COMPLAINANT/STATE:
R1 BY ADV. SRI.JACOB E SIMON R1 BY ADV. SMT.SHAMEENA SALAHUDHEEN R2 BY PUBLIC PROSECUTOR, SRI.RAMESH CHAND
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.SUDHEENDRA KUMAR, J.
O R D E R
The revision petitioner was convicted under Section
138 of the Negotiable Instructions Act (for short 'the N.I.
Act') concurrently by the courts below.
court to indicate that the appreciation of evidence or the concurrent finding by the courts below was perverse or incorrect. Having gone through the relevant inputs, I am satisfied that the concurrent finding of conviction by the
courts below does not suffer from any illegality,
Crl.R.P.1968/2010
: 2
impropriety or incorrectness warranting interference by this
Court.
does not call for any interference by this court.
In the result, this revision petition stands dismissed.
However, the revision petitioner is granted six months
to pay the fine.
Sd/-
B.SUDHEENDRA KUMAR,
JUDGE
dl/28.10.2016
// True Copy //
PA to Judge
1 issue framed by the court
Whether the conviction and sentence under Section 138 of the Negotiable Instruments Act warrant interference in criminal revision?
1 provisions across 1 enactments
THOMAS.C.ARACKAL
K.JOSEPH
STATE OF KERALA
B SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
