Partly allowed

Santhosh v. State of Kerala

Kerala HC1 Mar 2018Crl.Rev.Pet/607/2014

Case brief

AI extract

What is this about?

This judgment is a criminal revision petition where the High Court of Kerala convicted under the Negotiable Instruments Act. The court allowed the petition in part, reducing the sentence to a fine of Rs. 1,40,000 with a default clause. The fine, if realized, is to be given to the complainant. The conviction was upheld.

What did the court decide?

Sentence reduced to a fine of Rs. 1,40,000 with a default clause for simple imprisonment of two months; six months granted to pay the fine; fine payable as compensation to complainant.

Santhosh Vs State of Kerala — Cheque Dishonour | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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THURSDAY, THE 1ST DAY OF MARCH 2018 / 10TH PHALGUNA, 1939

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Crl.Rev.Pet.No. 607 of 2014

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CRA 377/2006 of SESSIONS COURT, ERNAKULAM

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ST 5326/2003 of J.M.F.C., PERUMBAVOOR

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REVISION PETITIONER(S)/REVISION PETITIONER/APPELLANT/ACCUSED

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SANTHOSH, AGED 34 YEARS, S/O.VENUGOPAL, NEDUMBILLY HOUSE, KODANADU KARA, PERUMBAVOOR.

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BY ADV.SRI.R.DIVAKARAN

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RESPONDENT(S)/RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE:

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1. STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,KOCHI 682 031

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2. T.V.SUKUMARAN THOMBARAKUDY, AKANADU KARA, MUDAKUZHA

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R2 BY ADV. SRI.V.M.KURIAN

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SRI.K.T.THOMAS SRI.SABU P.JOSEPH

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R1 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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STK

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B. SUDHEENDRA KUMAR, J.

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--------------------------------

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Crl.R.P. No.607 of 2014

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Dated this the 1^st day of March, 2018

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O R D E R

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The revision petitioner was convicted and sentenced

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by the courts below under Section 138 of the Negotiable Instruments Act, 1881, (for short “the NI Act”).

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Heard.

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The courts below correctly appreciated the oral

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and documentary evidence adduced by the parties and concurrently found that the revision petitioner executed Ext. P1 cheque as contemplated under Section 138 of the N.I.Act and committed the offence under Section 138 of the N.I.Act, rejecting the contentions of the revision petitioner. No material is available before the 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 petitioner committed the offence under Section 138 of the

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Crl.R.P. No.607 of 2014

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-: 2 :-

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N.I.Act does not warrant any interference by this Court.

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Considering the facts and circumstances of the

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case, including the amount covered by Ext.P1 cheque, I am of the view that the sentence awarded by the appellate court can be modified and reduced to a fine of Rs.1,40,000/- (Rupees One lakh and forty thousand only) with a default clause for simple imprisonment for two months to meet the ends of justice. It is ordered accordingly. If the fine amount is realized, the entire amount shall be given to the complainant as compensation under Section 357(1)(b) Cr.P.C.

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In the result, this Revision Petition stands allowed in part as above. The revision petitioner is granted six months to pay the fine.

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Sd/-

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B. SUDHEENDRA KUMAR, JUDGE

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STK

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//TRUE COPY//

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//P.A. TO JUDGE//

Santhosh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Santhosh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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