IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
Crl.Rev.Pet.No.1276 OF 2015
AGAINST THE ORDER/JUDGMENT IN ST 332/2012 DATED 30-04-2013 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, SULTHANBATHERY
AGAINST THE ORDER/JUDGMENT IN CRA 56/2013 DATED 31-12-2014 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT - I, KALPETTA
REVISION PETITIONER/APPELLANT/ACCUSED:
SMITHESH.K.
AGED 36 YEARS,
S/O.KARAYI RAJAN, KARAYI HOUSE, KUPPADI POST,
KARAKKANDY, OPP.SAGAR THEATRE, SULTHANBATHERY,
WAYANAD DISTRICT.
BY ADVS.
SRI.K.P.SUDHEER
SRI.ARUN MATHEW VADAKKAN
RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:
1 M/S.SREE GOKULAM CHITS & FINANCE CO.(P) LTD.
KIZHAKEBAGATH COMPLEX, 2ND FLOOR, S.BATHERY POST,
VILLAGE & TALUK, REPRESENTED BY ITS AUTHORISED
REPRESENTATIVE SUNIL K.N., S/O.NARAYANAN, AGED 43
YEARS, KANDAMCHIRAYIL HOUSE, MYLAMBADI POST,
PURAKKADI, APATT, SULTHANBATHERY,
WAYANAD DISTRICT, PIN -673 591.
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
ERNAKULAM, KOCHI - 682 031.
R1 BY ADV. SRI.K.S.BABU
R1 BY ADV. SRI.BABU SHANKAR
R1 BY ADV. SMT.N.SUDHA
R1 BY ADV. SRI.K.V.WINSTON
R2 BY SMT. M. K. PUSHPALATHA, SR.PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.No.1276 OF 2015
-2-
ORDER
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"), 1881.
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 perverse or incorrect. In the said circumstances, I find no reason to interfere with the concurrent finding of Crl.Rev.Pet.No.1276 OF 2015 -3- conviction passed by the courts below under Section 138 of the N.I.Act.
4. As regards the sentence, the learned counsel for the revision petitioner has pleaded for leniency. The revision petitioner produced two receipts before this Court. One receipt would show that an amount of Rs.7,000/- was paid by the revision petitioner on 03.02.2011. The said amount was already shown in Ext.P8 statement on 26.02.2011. Therefore, the said receipt has no relevancy at all. Another receipt is dated 25.03.2013. As per the said receipt, the revision petitioner paid Rs.1,000/-. As per Ext.P1 receipt, the revision petitioner had paid an amount of Rs.16,000/-. Thus, the revision petitioner had totally paid an amount of Rs.17,000/-, after the filing of the case. Considering the facts and circumstances of the case, including the amount covered by Ext.P1 cheque and also the amount Crl.Rev.Pet.No.1276 OF 2015 -4- paid by the revision petitioner after filing the complaint, I am of the view that the sentence awarded by the appellate court can be modified and reduced to a fine of Rs.39,000/- (Rupees thirty nine thousand only) with a default clause for simple imprisonment for two months, 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.
In the result, this revision petition stands allowed in part as above.
The revision petitioner is granted six months to pay the fine/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 Crl.Rev.Pet.No.1276 OF 2015 -5- shall be released to the complainant as part of the compensation.
Sd/-
B.SUDHEENDRA KUMAR JUDGE Nkr/06.01.2021.
Crl.Rev.Pet.No.1276 OF 2015 -6- APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 ORIGINAL RECEIPT DATED 3.2.2011 ISSUED BY THE 1ST RESPONDENT FOR RS.7,000/- ANNEXURE A2 ORIGINAL RECEIPT DATED 25.3.2013 ISSUED BY THE 1ST RESPONDENT FOR RS.1,000/- RESPONDENT'S EXHIBITS: NIL