Partly allowed

Shyamkumar v. Jacob.K.J.

Kerala HC2 Apr 2024Crl.Rev.Pet/299/2024

Case brief

AI extract

What is this about?

Revision petition against conviction for cheque dishonour. The High Court modified the substantive and default sentences, ordering a fine inclusive of interest and a reduced default imprisonment period, while granting time for fine payment and detention set-off.

What did the court decide?

Sentence of Rs.90,000 fine (inclusive of interest) and 30 days default imprisonment; accused given three months to pay fine; detention set-off allowed.

Shyamkumar Vs Jacob.K.J. — 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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TUESDAY, THE 2^nd DAY OF APRIL 2024 / 13TH CHAITHRA, 1946

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CRL.REV.PET NO. 299 OF 2024

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AGAINST THE JUDGMENT DATED 08.11.2023 IN CRA NO.34 OF 2023 OF DISTRICT & SESSIONS COURT, ALAPPUZHA ARISING OUT OF THE JUDGMENT DATED 31.01.2023 IN CC NO.156 OF 2019 OF CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA

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REVISION PETITIONERS/APPELLANT/ACCUSED:

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SHYAMKUMAR, AGED 48 YEARS,

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S/o VIJAYARAJAN, AZHIKKAKATH HOUSE, PURAKKAD P.O., ALAPPUZHA DISTRICT, PIN - 688561

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BY ADV U.K.DEVIDAS

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RESPONDENTS/RESPONDENTS/COMPLAINANT AND STATE:

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1 JACOB.K.J., S/o JOSY, KAITHAVALAPPIL HOUSE, KANJIRAMCHIRA P.O., ALAPPUZHA DISTRICT, PIN - 688007

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

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R1 BY ADVS. MATHEW JAMES S.JYOTHIKUMAR(K/860/1998)

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SR PP SRI C R2 BY SR. PUBLIC PROSECUTOR SRI. C.N PRABHAKARAN

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.R.P.No.299 of 2024

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ORDER

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The respondent remained absent. Heard the counsel for revision petitioner. It is against the judgment of conviction for the offence punishable under Section 138 of the Negotiable Instruments Act the accused came up.

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The appeal preferred against the judgment of

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conviction was ended in dismissal. The substantive sentence ordered by the trial court and stood confirmed by the first appellate court comes to one month simple imprisonment and a default sentence of six months. Section 138 onwards is incorporated in the Negotiable Instruments Act with the aim to give

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more rigidity and rigour to the user of cheque in commercial transactions, may be based on the international covenant entered into. It is not a

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Crl.R.P.No.299 of 2024

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substantive offence, but statutorily created deemed offence and would come into play on compliance of requirement as mandated under Section 138 of the Negotiable Instruments Act. Necessarily, the order of sentence passed by the trial court inclusive of substantive sentence for a period of one month will stand set aside. The default sentence ordered is also on a higher level and cannot be sustained and as such both will stand modified. The substantive sentence ordered by the trial court will stand set aside by ordering sentence of fine of Rs.90,000/-, that is inclusive of the interest accrued to the principal sum of Rs.82,000/-, in default to undergo simple imprisonment for 30 days. The accused is given three months time to pay the fine amount before the trial court. Within that time, no

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coercive steps shall be taken against the accused. He shall appear before the trial court to receive

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the sentence within that period. He is also

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Crl.R.P.No.299 of 2024

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entitled to set off of the period of detention already undergone.

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Criminal Revision Petition will stand disposed of accordingly.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

Shyamkumar v. Jacob.K.J.

Case brief

What is this about?

What did the court decide?

Shyamkumar v. Jacob.K.J.

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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