This High Court revised an order convicting the petitioner under Section 138 of the NI Act. Confirming the conviction, the court reduced the imprisonment term and granted time to pay the fine, classifying the offence as quasi-criminal given the amount involved.
Conviction confirmed; sentence reduced to one day; ten 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 V.G.ARUN
FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
CRL.REV.PET NO. 212 OF 2023
AGAINST THE ORDER/JUDGMENT APPEAL NO 92/2019 OF VI ADDITIONAL
DISTRICT COURT, ERNAKULAM
CC 466/2016 OF JMFC(SPECIAL COURT) FOR TRIAL OF SEC.138, NI ACT
CASES (TEMPORARY)
REVISION PETITIONER/APPELLANT/ACCUSED
PRASAD . R
AGED 57 YEARS
S/O M.R RAMESH, M/S CURTAIN N DECOR, CARMEL CENTER
BUILDING, BANERJI ROAD, KOCHI, PIN – 682018
BY ADVS.
C.A.SUNIL
NIMI M.S.
RESPONDENTS/COMPLAINANT AND STATE
1AMIT CHHABANI
AGED 41 YEARS
S/O HARISH KUMAR CHHABANI, 5C, INDRADHANUSH
APARTMENTS, TD ROAD, KOCHI, PIN – 682035
2STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
PP SANAL P. RAJ
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 23.06.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Crl.R.P No.212 of 2023
2
ORDER
Dated this the 23rd day of June, 2023
The revision petitioner was the accused in C.C. No.466 of 2016 of the Judicial First Class Magistrate Court (N.I. Act cases), Ernakulam. The case originated from a complaint filed by the 1st respondent alleging commission of the offence under Section 138 of the Negotiable Instruments Act. The allegation was that, in full and final settlement of the debt due to the complainant, the revision petitioner had issued three cheques, which, on presentation, were dishonoured for insufficiency of funds. Despite issuance of notice demanding the cheque amount, the petitioner failed to effect payment.
3
Crl.R.P No.212 of 2023
the legal and factual contentions, dismissed the appeal.
The Crl. Revision Petition is hence allowed in part. The
Crl.R.P No.212 of 2023
4
finding of guilty and conviction is confirmed. The sentence of simple imprisonment for 3 months is reduced to imprisonment for a day, till the rising of the court. The petitioner is granted ten months' time for remitting/paying the fine amount. The petitioner shall remit/pay the fine and appear before the trial court, for undergoing sentence of imprisonment till the rising of the court, within the ten month period. In case of default in payment of fine within the extended time, the petitioner shall undergo simple imprisonment for three months. The coercive proceedings, if any pending against the petitioner, shall be kept in abeyance for ten months.
Sd/-
V.G.ARUN, JUDGE
smm
3 issues framed by the court
Whether the trial and appellate court findings of guilt under Section 138 of the NI Act warrant exercise of revisional jurisdiction.
Whether the petitioner's plea to reduce sentence and extend time for remitting the fine is reasonable.
Whether the conviction should be confirmed while modifying the sentence details.
1 provisions across 1 enactments
PRASAD . R
AMIT CHHABANI
STATE OF KERALA
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court