Kerala High Court
Kuttan @ Shanmughan vs State Of Kerala on 23 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.REV.PET NO. 453 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 02.06.2006 IN CRA NO.178 OF 2004
OF ADDITIONAL DISTRICT COURT (ADHOC), THRISSUR ARISING OUT OF THE
ORDER/JUDGMENT DATED 19.02.2004 IN CC NO.194 OF 2000 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -III,THRISSUR
REVISION PETITIONER/APPELLANT/ACCUSED:
KUTTAN @ SHANMUGHAN
AGED 70 YEARS, S/O. KARAPPAKUTTY,
CHULIYIL HOUSE, MANALOOR DESOM,
MANALOOR VILLAGE,
THRISSUR DISTRICT., PIN - 680617
BY ADV SHAJIN S.HAMEED
RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
2 EAST-WEST CAPITAL (P) LTD
WEST FORT, THRISSUR,
REPRESENTED BY THE MANAGING DIRECTOR,
LANCY NEELAGAVIL, S/O. SEBASTIAN,
NEELANGAVIL, MANALOOR DESOM, ELTHURUTH P.O.,
THRISSUR DISTRICT., PIN - 680611
SMT. SHEEBA THOMAS PP
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 23.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.REV.PET NO. 453 OF 2024
2
ORDER
This Criminal Revision is filed challenging the conviction and sentence imposed on the revision petitioner by the Judicial First Class Magistrate Court-III, Thrissur in C.C.No.194/2000 and the judgment dated 2/6/2006 in Crl.A.No.178/2004.
2. The petitioner was found guilty under Section 138 of the Negotiable Instrument Act by the Trial Court as per judgment dated 19/02/2004 in C.C.No.194/2000 and sentenced him to undergo simple imprisonment for a period of one month and to pay Rs.40,000/- to the complainant by way of compensation under Section 357(3) of Cr.P.C in default to undergo simple imprisonment for a period of two months under Section 138 of the Negotiable Instrument Act.
3. The conviction and sentence passed by the trial court was challenged before the appellate court by filing Criminal Appeal No.178/2004. The appellate court confirmed the conviction and reduced the sentence to simple imprisonment for 15 days instead of one month. Aggrieved by the conviction and sentence, this Criminal Revision Petition is filed.
CRL.REV.PET NO. 453 OF 2024 3
4. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor.
5. The counsel for the petitioner submitted that the petitioner is already taken into custody for undergoing the sentence. The petitioner is in custody for 12 days. It is submitted that he paid part of the compensation amount and the balance will be paid within two weeks.
6. This Court considered the contentions of the petitioner and the learned Public Prosecutor. After going through the judgment impugned, I see no reason to interfere with the conviction order passed by the trial court. The trial court and appellate court considered the matter in detail and found that the revision petitioner is guilty under Section 138 of the Negotiable Instruments Act. I see no reason to interfere with the same invoking the powers of revisional jurisdiction.
7. As far as the sentence is concerned, the petitioner is now undergoing imprisonment. Considering the facts and circumstances of the case, I think the sentence of imprisonment can be reduced to the period already undergone. The petitioner will deposit the balance amount of compensation immediately and thereupon, the CRL.REV.PET NO. 453 OF 2024 4 petitioner will be released on bail if he is not wanted for any other case.
Therefore, this Criminal Revision Petition is allowed in part in the following manner:-
1) The substantial sentence imposed on the revision petitioner is reduced to the period already undergone.
2) The compensation imposed by the trial court, which is confirmed by the appellate court, is retained.
3) Once the petitioner deposit the balance amount of compensation, the petitioner shall be released from jail forthwith.
Sd/-
P.V.KUNHIKRISHNAN JUDGE APA/DK CRL.REV.PET NO. 453 OF 2024 5 APPENDIX OF CRL.REV.PET 453/2024 PETITIONER ANNEXURES Annexure-A PHOTOCOPY OF THE RECEIPT DATED 10/09/2009 ISSUED BY THE COMPLAINANT. Annexure-B PHOTOCOPY OF THE RECEIPT DATED 12/04/2010 ISSUED BY THE COMPLAINANT. Annexure-C PHOTOCOPY OF THE LABORATORY INVESTIGATION REPORT DATED 24/01/2024 ISSUED FROM THE JUBILEE MEDICAL COLLEGE HOSPITAL.