High Court reduced fine and default imprisonment in cheque dishonour case due to financial hardship, confirming conviction but adjusting compensation equivalent to cheque value.
Fine reduced to Rs.4,20,000; default sentence reduced to two months; six months' time granted for payment.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 12TH DAY OF JUNE 2017/22ND JYAISHTA, 1939
Crl.Rev.Pet.No. 677 of 2017 () ------------------------------CRA.61/2015 of ADDL. DISTRICT & SESSIONS COURT, ALAPPUZHA CC 1/2012 of CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA
REVISION PETITIONER(S)/APPELLANT/ACCUSED :
ANJALI (LEKHA), W/O SURESH, CHERUVELIL HOUSE, THENNADY, THAKAZHY P.O., KUTTANADU, ALAPUZHA DT.
BY ADVS.SRI.P.U.SHAILAJAN SRI.M.SURESH KUMAR SMT.D.N.NISHANI SRI.V.SREEJITH (K/1398/2000)
RESPONDENT(S)/RESPONDENTS / COMPLAINANT :
1.EAPPAN MONICHAN, S/O LATE EPPAN, KATTEZHAM, BINO BHAVANAM, CHAMPAKULAM, KUTTANAD, ALAPUZHA DT.
R2 BY PUBLIC PROSECUTOR SRI. JESTIN MATHEW
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
EL
ALEXANDER THOMAS, J.
---------------------------------------Crl.R.P.No.677 of 2017
----------------------------------------Dated this the 12th day of June, 2017
O R D E R
The revision petitioner is accused for the offence punishable under Section 138 of the Negotiable Instruments Act in C.C.No.1 of 2012 on the file of the Chief Judicial Magistrate Court-Alappuzha, instituted on the basis of a complaint filed by the first respondent herein.
below that the petitioner has preferred the instant Criminal Revision
Crl.R.P.No.677/17
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Petition by taking recourse to the remedies conferred under Sections 397 and 401 of the Cr.P.C.
Crl.R.P.No.677/17
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pay the abovesaid amount.
this Court is of the considered view that the abovesaid submissions made by the petitioner’s counsel appear to be reasonable and fair more particularly because the compensation amount that is actually payable to the complainant is only Rs.4,20,000/- and that this Court is inclined to reduce the fine amount to Rs.4,20,000/- (which is the cheque amount). The default sentence clause would also be reduced from three months to two months. This Court is also inclined to grant the said time sought
for by the petitioner.
Accordingly, the following orders and directions are issued :
Crl.R.P.No.677/17
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rising of the court and to remit the fine amount of Rs.4,20,000/-. Needless to say on default of the petitioner to pay the said amount, he will have to undergo simple imprisonment for a period of two months.
With these observations and directions, the Criminal Revision
Petition stands finally disposed of.
ALEXANDER THOMAS JUDGE
csl
2 issues framed by the court
Whether the fine and default sentence in a cheque bounce case can be reduced on grounds of financial hardship when compensation covers the cheque amount?
Whether time can be granted to an accused to pay the reduced fine amount?
Colour shows how this judgement treated each authority
See textReferred
4 provisions across 2 enactments
Anjali (Leakha), W/O Suresh
Eappan Monichan
State of Kerala
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
