IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
Crl.Rev.Pet.No.416 OF 2018
AGAINST THE ORDER/JUDGMENT IN CC 52/2013 DATED 27-10-2016 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,THAMARASSERY
AGAINST THE ORDER/JUDGMENT IN CRA 479/2016 DATED 14-12-2017 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, KOZHIKODE
REVISION PETITIONER/S/APPELLANT/ACCUSED:
GEORGE ABRAHAM
AGED 57 YEARS, S/O. GEORGE, PULIPRA HOUSE, PUDUAPPADY
POST, 673 586, PUDUPPADY VILLAGE AND DESOM,
THAMARASSERY TALUK, KOZHIKODE.
BY ADVS.
SMT.S.KARTHIKA
SRI.M.R.ANISON
RESPONDENT/S/COMPLAINANT & STATE:
1 ELIAS
AGED 58 YEARS, S/O. IYPE, OLIKKAKUZHIYIL
HOUSE,PUDUPPADY POST - 673 586, PUDUPPADY VILLAGE AND
DESOM, THAMARASSERY TALUK, KOZHIKODE.
2 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
R1 BY ADV. SRI.P.BABU KUMAR
R1 BY ADV. SRI.VISHNU BABU
SMT. M.K. PUSHPALATHA, SR.PP
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
05.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.No.416 OF 2018
2
O R D E R
The revision petitioner was convicted and sentenced by the courts below under Section 138 of the Negotiable Instruments Act (for short 'the N.I. Act').
2. Heard.
3. The courts below correctly appreciated the oral and documentary evidence and concurrently found that the revision petitioner executed Ext.P1 cheque as contemplated under Section 138 of the N.I.Act and committed the offence under Section 138 of the N.I. Act. No material has been brought to the notice of this court to indicate that the appreciation of evidence or the concurrent finding of conviction by the courts below was Crl.Rev.Pet.No.416 OF 2018 3 perverse or incorrect. In the said circumstances, the concurrent finding of conviction by the courts below under Section 138 of the N.I.Act, does not warrant any interference by this court. Considering the facts and circumstances of the case including the amount covered by Ext.P1 cheque, I am of the view that the sentence awarded by the appellate court can be modified and reduced to a fine of Rs.1,25,000/- (Rupees One lakh Twenty Five Thousand Only) with a default clause for simple imprisonment for two months under Section 138 of the Act, to meet the ends of justice. It is ordered accordingly. If the fine is realised, the entire amount shall be given to the complainant as compensation under Section 357 (1)(b) Cr.P.C. Crl.Rev.Pet.No.416 OF 2018 4 In the result, this Criminal Revision Petition stands allowed in part as above.
The revision petitioner is granted six months to pay the compensation as requested by the learned Counsel for the revision petitioner.
Needless to state that if the revision petitioner had already deposited any amount before the trial court pursuant to the direction of this court, the said amount shall be released to the complainant as part of the compensation.
Sd/-
B.SUDHEENDRA KUMAR JUDGE RK/05.01.2021