Single-judge High Court of Kerala order. Revision petition against conviction under Section 138 NI Act dismissed. Court held no perversity in evidence appreciation and upheld sentence, allowing 10 months for compensation payment.
Petition dismissed. Revision petitioner granted 10 months to pay compensation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 7TH DAY OF FEBRUARY 2017/18TH MAGHA, 1938
Crl.Rev.Pet.No. 874 of 2013 ()
CRA 89/2010 of ADDL. DIST. COURT (ADHOC)III, PATHANAMTHITTA ST 971/2008 of J.M.F.C.-II,PATHANAMTHITTA
REVISION PETITIONER(S)/APPELLANT IN CRL.A.NO.89/2010/ACCUSED IN S.T.971/2008.:
P.C.HARI
S/O.CHAKRAPANI, PALAMOOTTIL HOUSE, PRAKKANAM MURI, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.AJITH MURALI
RESPONDENT(S)/RESPONDENT IN CRL.A.NO.89/2010 COMPLAINANT IN S.T.971/2008.:
MANAGING PARTNER, PALATHARA FASHION JEWELLERY, COLLEGE ROAD, PATHANAMTHITTA DISTRICT- 689645.
R2 BY ADV. SRI.T.MADHU
R2 BY ADV. SRI.ROY THOMAS (PATHANAMTHITTA) R1 BY PUBLIC PROSECUTOR, SHRI M V ANANTHAN
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.SUDHEENDRA KUMAR, J.
Crl.R.P. No.874 of 2013
O R D E R
The revision petitioner was convicted and sentenced
by the courts below concurrently under Section 138 of the
Negotiable Instruments Act.
court to indicate that the appreciation of evidence or the
concurrent finding of conviction by the courts below was perverse or incorrect. In the said circumstances, the concurrent finding by the courts below that the revision
Crl.R.P.874/2013
: 2 :
petitioner committed the offence under Section 138 of the
N.I. Act, does not warrant any interference by this court.
The sentence awarded by the courts below also does not warrant any interference by this court.
In the result, this revision petition stands dismissed.
The revision petitioner is granted 10 months to pay the
compensation.
Sd/-
B.SUDHEENDRA KUMAR,
JUDGE
dl/.9.2..2017
// True Copy //
PA to Judge
1 issue framed by the court
Whether the concurrent findings of conviction and sentence by the courts below under Section 138 of the Negotiable Instruments Act warrant interference.
1 provisions across 1 enactments
P.C.HARI
STATE OF KERALA
P.C.JOSEPH
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
