Dismissed

Skyla v. Sree Gokulam Chits and Finance Co. (P) Ltd.

Kerala HC4 Apr 2024Crl.Rev.Pet/1120/2023

Case brief

AI extract

What is this about?

A cheque issued by a guarantor as security for the principal debtor's liability was held to involve a legally enforceable debt. Concurrent convictions under Section 138 NI Act were upheld; revision dismissed with three months granted to remit the fine.

What did the court decide?

Three months time to remit the fine amount before the trial court; no coercive steps against petitioner within that period.

Skyla Vs Sree Gokulam Chits and Finance Co. (P) Ltd. — Cheque Dishonour | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946

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CRL.REV.PET NO. 1120 OF 2023

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AGAINST THE JUDGMENT DATED 05.12.2019 IN CRA NO.193 OF 2019 OF

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DISTRICT COURT & SESSIONS COURT, KOZHIKODE

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AGAINST THE JUDGMENT DATED 12.03.2019 IN ST NO.261 OF 2017 OF
JUDICIAL FIRST CLASS MAGISTRATE (SPECIAL COURT) FOR TRIAL OF CASES

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UNDER SECTION 138 OF NI ACT(TEMPORARY), KOZHIKODE

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REVISION PETITIONER/APPELLANT/ACCUSED:

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SKYLA, AGED 44 YEARS,
W/O. SREEJITH, KARUMBIL HOUSE, BEYPORE P.O.,
KOZHIKODE, PIN - 673015
BY ADVS.
SANTHAN V.NAIR
SAFAL P. SALIM

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RESPONDENT/RESPONDENT/COMPLAINANT:

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1 SREE GOKULAM CHITS AND FINANCE CO. (P) LTD., GOKULAM TOWER, ARCOT ROAD, CHENNAI REPRESENTED BY ITS ASSISTANT BUSINESS MANAGER, K. SASIDHARAN, AGED 59, S/O. RAGHAVAN NAIR, REGIONAL OFFICER, 1ST FLOOR, C.K. TOWER, VANDIPETTA P.O., NADAKKAVU, KOZHIKODE, PIN - 673011

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2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

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PP SRI SANGEETHARAJ N R

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CRL.REV.PET NO. 1120 OF 2023

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ORDER

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It is against the judgment of conviction rendered

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by the trial court and the first appellate court
concurrently for the offence punishable under Section

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138 of the Negotiable Instruments Act, 1881, the
revision petitioner/accused came up.

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2. The issuance of cheque is admitted. The

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signature found affixed in the cheque is also
admitted. Admittedly, it was given to the accused,
but by way of security. If it was actually given by
way of security, necessarily it will carry the
authority to fill up the cheque. The accused did not

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mount on the box to give direct evidence. One of the

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officers of the respondent was examined as PW1. He
had given evidence in tune with the due execution of

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the cheque and the correctness of the amount entered

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in the cheque in question. No contra evidence was

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adduced by the accused by mounting on the box. The

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only contention raised by the revision petitioner is
that there is no legally enforceable debt involved in

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CRL.REV.PET NO. 1120 OF 2023

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the case in hand, on the ground that the cheque was
issued towards the liability of one Sreejith K. by
the accused, who stood as a guarantor. The liability
of the principal debtor was agreed to be secured by
the guarantor, and issued a cheque in lieu of cash by
way of security in discharge of the liability.
Necessarily, it cannot be said that what is involved
is not a legally enforceable debt. As such, the
concurrent judgment of conviction rendered by both
the courts below deserves no interference. No
substantive sentence was ordered. Only a fine amount
was ordered for the amount covered by the cheque,
hence reflects a proper balance.

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3. Having regard to the submission made by the

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learned counsel for the petitioner, three months time
is granted so as to remit the fine amount before the
trial court. Within that time, no coercive steps
shall be taken against the petitioner. The
petitioner shall appear before the trial court to

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receive sentence within that time.

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CRL.REV.PET NO. 1120 OF 2023

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The Criminal Revision Petition fails and is

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dismissed.

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Sd/-

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P.SOMARAJAN

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JUDGE

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msp

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CRL.REV.PET NO. 1120 OF 2023

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APPENDIX OF CRL.REV.PET 1120/2023

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`PETITIONER ANNEXURES`
`Annexure A` `CERTIFIED COPY`	`OF`	`THE JUDGMENT DATED`
`12.3.2019 PASSED`	`IN`	`ST NO. 261/2017 BY THE`
`COURT OF SPEC` `MAGISTRATE (N.I.`	`IAL` `ACT`	`JUDICIAL FIRST-CLASS` `CASES) KOZHIKODE`
`Annexure B` `CERTIFIED COPY`	`OF`	`THE JUDGMENT DATED`
`5.12.2019 PASSE`	`D B`	`Y THE 4TH ADDITIONAL`
`DISTRICT AND SESS`	`IONS`	`JUDGE, KOZHIKODE`

Skyla v. Sree Gokulam Chits and Finance Co. (P) Ltd.

Case brief

What is this about?

What did the court decide?

Skyla v. Sree Gokulam Chits and Finance Co. (P) Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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