Civil Revision Petition filed by a convicted appellant challenging conviction and sentence under Section 138 NI Act. High Court upheld conviction and sentence, granting additional time for compensation payment.
Revision dismissed; appellant granted four months from today to pay the compensation awarded.
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 A.M.BABU
FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941
Crl.Rev.Pet.No.1021 OF 2019
CC 964/2015 OF TEMPORARY SPECIAL COURT OF JUDICIAL MAGISTRATE OF FIRST CLASS FOR THE TRIAL OF CASES U/S.138 NI ACT(JMFC XII), THIRUVANANTHAPURAM
CRA 16/2018 OF SESSIONS COURT,THIRUVANANTHAPURAM
REVISION PETITIONER/APPELLANT/ACCUSED
SARALA
AGED 57, D/O. SANTHA, PATTUVILAKATHU VEEDU, KARUMAM, KARUMAM P.O, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENTS/RESPONDENTS/STATE AND COMPLAINANT
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 SURESH KUMAR,
AGE 45, S/O. APPUKUTTAN NAIR, HOUSE NO. 10, THOPPIL LAKSHAM VEEDU, ANAYARA, ANAYARA P.O, THIRUVANANTHAPURAM DISTRICT, PIN CODE-695 029
R2 BY ADV. SRI.G.SUDHEER R2 BY ADV. SRI.R.HARIKRISHNAN (H-308)
OTHER PRESENT:
SRI.M.S BREEZE.SR. PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.R.P.1021/19
2
ORDER
Crl.R.P.1021/19
3
the evidence given by PWs 1 and 2. Nothing in their evidence could be pointed out to suspect their evidence.
Crl.R.P.1021/19
4
time to pay off the compensation. The learned counsel requests for a period of six months. The learned counsel for the second respondent submits that in the event the court is inclined to grant time, it may not exceed three months. I find it appropriate to grant four months.
Sd/-
A.M.BABU Judge
Mrcs/4.10.
3 issues framed by the court
Whether the High Court should interfere with the conviction and sentence of the appellant under Section 138 of the Negotiable Instruments Act.
Whether the appellant is entitled to additional time for payment of the awarded compensation.
Whether the sentence imposed on the appellant is exorbitant or deserving of modification.
2 provisions across 2 enactments
Sarala
State of Kerala
Suresh Kumar
A.M. Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
