Revisioner against conviction and sentence under Section 138 NI Act. Petitioner paid settlement amount. Court allowed revision to reduce fine to the settlement amount, directing magistrate to record payments.
Revision allowed to reduce the fine from Rs. 37,300/- to Rs. 20,000/-.
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
THURSDAY, THE 03RD DAY OF OCTOBER 2019 / 11TH ASWINA, 1941
Crl.Rev.Pet.No.1052 OF 2019
CRA 224/2012 OF II ADDITIONAL SESSIONS COURT,THIRUVANANTHAPURAM
CC 192/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, THIRUVANANTHAPURAM
REVISION PETITIONER/PETITIONER/ACCUSED
DASAN C., AGED 53, S/O. CHELLAPPAN, CHERUKONATHU VEEDU, VIKAS NAGAR, SREEKARIYAM P.O, THIRUVANANTHAPURAM - 695 017.
BY ADV. SRI.A.S.SHAMMY RAJ
RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE
1 THE BRANCH MANAGER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK, SREEKARIYAM BRANCH, SREEKARIYAM P.O, THIRUVANANTHAPURAM- 695 017.
2 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, HIGH COURT P.O, ERNAKULAM -682 031.
R1- SRI.THOMAS ABRAHAM SC THIRUVANANTHAPURAM DIST. CO.OP BANK
OTHER PRESENT:
SRI.C.N.PRABHAKARAN-PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.R.P.1052/2019
2
ORDER
Crl.R.P.1052/2019
3
first respondent as compensation under Sec.357(1) of Cr.P.C.
Crl.R.P.1052/2019
4
appropriate to fix the quantum of fine at Rs 20,000/-.
Sd/A.M.BABU Judge
Mrcs/3.10.
5
Crl.R.P.1052/2019
APPENDIX
ANNEXURES
ANNEXURE 1
CERTIFIED COPY OF THE JUDGMENT DATED 22/6/2015 IN CRL.APPEAL NO.224/2012 OF ADDITIONAL SESSIONS COURT-II, THIRUVANANTHAPURAM.
ANNEXURE 2 TRUE COPY OF THE JUDGMENT DATED 3/5/2012 IN C.C.NO.192/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THIRUVANANTHAPURAM-1.
ANNEXURE 3
TRUE COPY OF THE LETTER DATED 21/8/2019 ISSUED BY THE 1ST RESPONDENT TO THE GENERAL MANAGER OF THE BANK.
2 issues framed by the court
Whether the fine imposed under Section 138 of the Negotiable Instruments Act can be reduced upon settlement of the dispute.
Whether the court below was required to state reasons for imposing a fine exceeding the cheque amount.
Colour shows how this judgement treated each authority
Beena v. Balakrishnan NairReferred¶7
Beena v. Balakrishnan Nair (2010 (2) KHC 851)
Sivankutty v. John ThomasReferred¶7
Sivankutty v. John Thomas (2012 (3) KHC 676)
2 provisions across 2 enactments
Dasan C.
The Branch Manager, Thiruvananthapuram District Co-operative Bank, Sreekariyam Branch
The State of Kerala
A.M. Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
