Kerala High Court
Muhammed Abdul Wadood vs Sasidharan Nambissan on 12 April, 2024
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 12th DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
CRL.REV.PET NO. 379 OF 2024
AGAINST THE JUDGMENT DATED 24.04.2023 IN CRA NO.546 OF 2019 OF
ADDITIONAL DISTRICT COURT KOZHIKODE-III ARISING OUT OF THE
JUDGMENT DATED 25.11.2019 IN CC NO.336 OF 2018 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, KOZHIKODE
REVISION PETITIONER/APPELLANT/ACCUSED:
MUHAMMED ABDUL WADOOD, AGED 53 YEARS,
PROPRIETOR, CELLULOID CINEMAS, S/o MOHAMMED NIZAR,
H.NO.54/456, PARAMBATHU THAZHAM, WEST HILL P O,
KOZHIKODE, PIN - 673005
BY ADVS. DILISH JOHN
RESHMA MOHAN
AMBADI KANNAN
RESPONDENTS/COMPLAINANT/STATE:
1 SASIDHARAN NAMBISSAN, AGED 61 YEARS,
S/o P SANKARANKUTTY, PUSHPA VIHAR 1/4254,
PEOPLES ROAD, WEST HILL P O, KOZHIKODE, PIN - 673005
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
R2 BY SR PUBLIC PROSECUTOR SRI C N PRABHAKARAN
R1 BY ADV SRI SHARAN SHAHEIR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.R.P.No.379 of 2024 2
ORDER
This criminal revision petition is against the concurrent judgment of conviction rendered by the trial court and stood confirmed by the first appellate court for the offence punishable under Section 138 of the Negotiable Instruments Act. It is fairly submitted by the learned counsel for the petitioner that there is no sufficient reason to interfere with the judgment of conviction rendered by the trial court and stood confirmed by the first appellate court. But the sentence awarded is too exorbitant and it is not expected to impose a sentence of imprisonment for a period of one year, especially pertaining to the offence punishable under Section 138 of the Negotiable Instruments Act, a deemed offence statutorily created. The cheque amount comes to Rs.52,00,000/-. As such, the substantive sentence ordered by the trial court directing simple imprisonment for one year will stand set aside by confining the sentence to a fine amount of Crl.R.P.No.379 of 2024 3 Rs.52,00,000/-, the amount covered by the cheque in issue, in default to undergo simple imprisonment for six months. Three months time is granted to the petitioner to pay the fine amount or the receive the default sentence. Till that time, no coercive steps shall be taken.
The Criminal Revision Petition will stand allowed accordingly.
Sd/-
P.SOMARAJAN JUDGE DMR/-