The High Court dismissed the criminal revision petition challenging conviction under Section 138 of the Negotiable Instruments Act but granted the petitioner six months extension to remit the fine, directing remittance to the complainant.
Extension of six months time for remitting the fine of Rs. 1,33,200/- granted; notice dispensed with.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942
Crl.Rev.Pet.No.796 OF 2020
Crl.A 69/2020 DATED 12-11-2020 OF SESSIONS COURT, ALAPPUZHA
ST 79/2019 DATED 25-02-2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS -III, ALAPPUZHA
REVISION PETITIONER/S:
SHEEBA R. AGED 47 YEARS W/O.SUDHEENDRAN K.C., KIZHAKKETHAYYIL, PUNNAPRA P.O., ALLEPPEY
BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL
RESPONDENT/S:
2 SREE GOKULAM CHITS AND FINANCE CO(P) LTD. DOOR NO.1403, ANIL BHAVAN, YMCE JETTY ROAD, MULLACKAL, ALAPPUZHA, REP.BY JOBY CHACKO ASSISTANT LEGAL MANANGER, LEGAL AND POWER OF ATTORNEY HOLDER OF SREE GOKULAM CHITS AND FINANCE LTD., ALLEPPEY BRANCH, 690 001
OTHER PRESENT:
PP SREEJA V.
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.R.P. No.796 of 2020
ORDER
Dated this the 21st day of December, 2020
The revision petition is filed challenging the conviction and sentence in S.T.No.79 of 2019 of the Judicial First Class Magistrate Court-III, Alappuzha, as affirmed in Criminal Appeal No.69 of 2020 of the Sessions Court, Alappuzha. The second respondent had filed the complaint alleging that, towards discharge of a debt, the revision petitioner had issued a cheque for Rs.1,33,200/- in favour of the second respondent, which, on presentation, had bounced due to insufficiency of funds. Even though statutory notice was issued, calling upon the revision petitioner to pay the cheque amount, the demand was not met. Thereby, the revision petitioner had committed the offence under Section 138 of the N.I.Act.
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2. The trial court, after careful scrutiny of the oral and documentary evidence tendered by the second respondent, found the cheque to have been issued towards a legally enforceable debt and
returned for insufficiency of funds. Consequently, the revision petitioner was found guilty, convicted and sentenced to undergo simple imprisonment till rising of the court and to pay fine of Rs.1,33,200/- with default sentence of simple imprisonment for three months. On realisation, the fine was directed to be paid to the second respondent as compensation under Section 357(1) of Cr.P.C.
3. The appeal filed by the revision petitioner was rejected finding no ground to interfere with the well reasoned judgment of the trial court.
4. Even though the learned Counsel for the
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revision petitioner argued the matter at length, this Court was not willing to entertain the revision petition. Thereupon, the learned Counsel submitted that, at least, the time limit for remittance of the fine amount may be extended.
5. I am inclined to grant that relief. The cheque being of the year 2018, the time limit for payment of the cheque amount can be extended by a further period of six months. In view of the limited relief granted, notice to the second respondent is dispensed with.
In the result, the Criminal Revision Petition is dismissed. The revision petitioner is granted six months time for remitting the fine amount of Rs.1,33,200/- (Rupees one lakh thirty three thousand two hundred only). On remittance, the amount shall be paid to the second respondent as
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compensation. If the fine is not paid within six months from today, the trial court shall proceed
to execute the sentence.
Sd/- V.G.ARUN JUDGE
Scl/21.12.2020
2 issues framed by the court
Whether to recall the dismissal of the Criminal Revision Petition challenging conviction and sentence under Section 138 of the N.I. Act.
Whether to grant an extension of time for remitting the fine imposed on the revision petitioner.
2 provisions across 2 enactments
Sheeba R.
State of Kerala
Sree Gokulam Chits and Finance Co(P) Ltd.
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
