In a criminal revision petition against an order in a cheque dishonour case, the High Court of Kerala reduced the imposed fine to allow payment in installments due to the petitioner's inability to pay the lump sum amount immediately.
The fine was reduced to Rs 65,000 to be paid in three installments by specified dates, remitted to the first respondent.
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.1022 OF 2019
AGAINST THE ORDER/JUDGMENT IN CRA 263/2013 DATED 06-07-2018 OF DISTRICT COURT & SESSIONS COURT,THRISSUR
AGAINST THE ORDER/JUDGMENT IN CC 915/2009 DATED 31-10-2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THRISSUR
REVISION PETITIONER/S:
JAYARAJ AGED 36 YEARS S/O. RAGHAVAN, KALLAI HOUSE, PADUKKAD DESOM, VIYYUR VILLAGE, P.O VIYYUR, THRISSUR TALUK, THRISSUR DISTRICT 680 010
BY ADV. SRI.C.A.ANOOP
RESPONDENT/S:
1 SUDHEER AGED 35 YEARS S/O. THANKA, THINDIYATH HOUSE, PADUKKAD DESOM, VIYYUR VILLAGE, P.O VIYYUR, THRISSUR TALUK, THRISSUR DISTRICT 680 010
2 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.
R1 BY ADV. SRI.PREMCHAND M.
OTHER PRESENT:
SRI.C.N PRABHAKARAN SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Crl.Rev.Pet.No.1022 OF 2019
ORDER
Petitioner is a convict. He was convicted under Sec.138 of the Negotiable Instruments Act. His appeal against his conviction and sentence was dismissed by the appellate court. Hence is he in revision.
3
Crl.Rev.Pet.No.1022 OF 2019
petitioner was directed to undergo simple imprisonment for six months in the event of his failure to pay the fine. Rs 65,000/- out of the fine was ordered to be paid to the first respondent as compensation under Sec.357 of Cr.P.C. The learned counsel for the petitioner requests to reduce the fine amount and to allow him to remit the fine in installments. It is submitted that the petitioner is an auto rickshaw driver and a lump sum payment immediately is beyond his reach. Considering these matters, I am of the opinion that the fine can be reduced to Rs 65,000/- which was to be paid as compensation under Sec.357of Cr.P.C.
Sd/-
A.M.BABU
SKS/4.10.2019
JUDGE
1 issue framed by the court
Whether the conviction under Section 138 of the Negotiable Instruments Act is sustainable given the evidence presented.
2 provisions across 2 enactments
JAYARAJ
STATE OF KERALA
A.M. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
