High Court allowed criminal revision petition partly, confirming conviction and fine under Section 138 NI Act but setting aside three months imprisonment, granting four months to deposit fine.
Sentence of three months imprisonment set aside; fine confirmed; four months time granted to remit fine.
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 R. NARAYANA PISHARADI
WEDNESDAY, THE 22ND DAY OF JANUARY 2020 / 2ND MAGHA, 1941
Crl.Rev.Pet.No.39 OF 2020
AGAINST THE JUDGMENT IN CRA 75/2018 DATED 19-11-2019 OF ADDITIONAL DISTRICT & SESSIONS COURT, MOOVATTUPUZHA
AGAINST THE JUDGMENT IN CC 82/2016 DATED 31-01-2018 OF JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM
REVISION PETITIONER/APPELLANT/ACCUSED:
JAMES PETER, AGED 48 YEARS S/O. PATHROSE, EDAPPARA HOUSE, NELLIMATTOM KARA, MANIKINAR P.O, VALANCHIRA.
BY ADV. SRI.PEEYUS A.KOTTAM
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN 682 031
2 P.J JOY,
AGED 73 YEARS
S/O. JOSEPH, THAZHATHOTTU HOUSE, PAIMATTOM KARA, NELLIMATTOM P.O, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN 686 693
SRI C K PRASAD-PP
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20.01.2020, THE COURT ON 22.01.2020 PASSED THE FOLLOWING:
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R.NARAYANA PISHARADI, J ************************ Crl.R.P.No.39 of 2020
Dated this the 22nd day of January, 2020
O R D E R
The revision petitioner is the accused in the case C.C.82/2016 on the file of the Court of the Judicial First Class Magistrate-I, Kothamangalam.
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Session challenging the order of conviction and sentence passed against him by the trial court. The learned Additional Sessions Judge confirmed the conviction but modified the sentence and reduced the sentence of imprisonment to simple imprisonment for a period of three months and confirmed the sentence of fine and the default sentence of imprisonment.
the accused executed and issued Ext.P1 cheque for Rs.2,00,000/- to him towards payment of the price of the rubber sheets purchased from him by the accused. When examined as PW1, the complainant gave evidence that the accused came to his house, filled up the cheque and signed it in his presence and gave it to him. The plea of the accused was that he had issued the cheque to the complainant as security for the rubber sheets
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stored in his shop. No evidence was adduced by the accused to prove this plea. Nothing was also brought out in the crossexamination of PW1 to prove that the aforesaid plea is probable.
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do not find any error, illegality or impropriety in the conviction recorded against the petitioner/accused concurrently by the courts below and the same is liable to be confirmed.
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Rs.2,00,000/- (Rupees two lakhs only) with the default sentence of imprisonment imposed on the petitioner/accused by the trial
court is confirmed. The petitioner is granted a period of four months from today to deposit the fine amount in the trial court.
(sd/-)
R.NARAYANA PISHARADI, JUDGE
jsr
True Copy
2 issues framed by the court
Whether the concurrent findings of guilty against the petitioner should be confirmed in a revision petition under Section 138 of the Negotiable Instruments Act.
Whether the sentence of imprisonment imposed on the petitioner is warranted considering the facts and circumstances of the case.
2 provisions across 1 enactments
JAMES PETER
STATE OF KERALA
P.J JOY
R.NARAYANA PISHARADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
