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Kerala High Court
Ashok Bhaskar vs M.G. Rajasekharan Nair on 22 May, 2024
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 22nd DAY OF MAY 2024 / 1ST JYAISHTA, 1946
CRL.REV.PET NO. 675 OF 2021
AGAINST THE JUDGMENT DATED 30.04.2021 IN CRA NO.267 OF 2019
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, PALAKKAD
ARISING OUT OF THE JUDGMENT DATED 23.09.2019 IN ST NO.5 OF
2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS II, ALATHUR
REVISION PETITIONER/APPELLANT/ACCUSED No.2:
ASHOK BHASKAR, AGED 52 YEARS,
S/o BHASKARAN NAIR, 31/1337C, MANAGING DIRECTOR,
PRISMLAB INDIA DIGITAL EQUIPMENT PVT LTD,
MYLAMPARAMBIL BUILDING, LALSALAM ROAD,
NEAR CHRISY KING CONVENT, PONNURUNNI,
VYTTILA, KOCHI-682019.
BY ADV K.MOHAMMED RAFEEQ
RESPONDENTS/RESPONDENTS/COMPLAINANT:
1 M.G. RAJASEKHARAN NAIR, UNITED TV,
ADITHYA INN, MANGODE, NENMARA P.O,
PALAKKAD DISTRICT-678508.
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
R2 BY SR PUBLIC PROSECUTOR SRI C N PRABHAKARAN
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 22.05.2024, ALONG WITH Crl.Rev.Pet.58/2022,
1321/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.R.P.Nos.675 of 2021 &
connected cases 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 22nd DAY OF MAY 2024 / 1ST JYAISHTA, 1946
CRL.REV.PET NO. 58 OF 2022
AGAINST THE JUDGMENT DATED 30.04.2021 IN CRA NO.261 OF 2019
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, PALAKKAD
ARISING OUT OF THE JUDGMENT DATED 23.09.2019 IN ST NO.61 OF
2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS II, ALATHUR
REVISION PETITIONER/APPELLANT/ACCUSED No.2:
ASHOK BHASKAR, AGED 52 YEARS,
S/o BHASKARAN NAIR, 31/1337C, MANAGING DIRECTOR,
PRISMLAB INDIA DIGITAL EQUIPMENT PVT LTD,
MYLAMPARAMBIL BUILDING, LALSALAM ROAD,
NEAR CHRISY KING CONVENT, PONNURUNNI,
VYTTILA, KOCHI 682 019.
BY ADV K.MOHAMMED RAFEEQ
RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:
1 M.G.RAJASEKHARAN NAIR, UNITED TV,
ADITHYA INN, MANGODE, NENMARA P.O.,
PALAKKAD DISTRICT 678 508.
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.
R2 BY SR. PUBLIC PROSECUTOR SRI. C.N.PRABHAKARAN
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 22.05.2024, ALONG WITH Crl.Rev.Pet.675/2021
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.R.P.Nos.675 of 2021 &
connected cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 22nd DAY OF MAY 2024 / 1ST JYAISHTA, 1946
CRL.REV.PET NO. 1321 OF 2023
AGAINST THE JUDGMENT DATED 30.04.2021 IN CRA NO.273 OF 2019
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, PALAKKAD
ARISING OUT OF THE JUDGMENT DATED 30.09.2019 IN ST NO.94 OF
2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS II, ALATHUR
REVISION PETITIONER/APPELLANT/ACCUSED:
SAJU GEORGE, AGED 56 YEARS,
FINANCE DIRECTOR, PRISMLAB INDIA,
DIGITAL EQUIPMENT PVT LTD, 31/1337C,
MYLAMPARAMBIL BUILDING, LALSALAM ROAD,
NEAR CHRIST KING CONVENT, PONNURUNNI,
VITTILA, KOCHI, PIN - 682019
BY ADV BABY MATHEW
RESPONDENT/RESPONDENT/COMPLAINANT AND STATE:
1 M G RAJASEKHARAN NAIR, UNITED T V,
ADITHYA INN, MANGODE, NEMMARA P O,
PALAKKAD DISTRICT, PIN - 678508
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
R1 BY ADVS. A.C.VENUGOPAL
VIDHYA. A.C
R2 BY SR. PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 22.05.2024, ALONG WITH Crl.Rev.Pet.675/2021
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.R.P.Nos.675 of 2021 &
connected cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 22nd DAY OF MAY 2024 / 1ST JYAISHTA, 1946
CRL.REV.PET NO. 1325 OF 2023
AGAINST THE JUDGMENT DATED 30.04.2021 IN CRA NO.272 OF 2019
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, ARISING
OUT OF THE JUDGMENT DATED 30.09.2019 IN ST NO.61 OF 2017 OF
JUDICIAL MAGISTRATE OF FIRST CLASS II, ALATHUR
REVISION PETITIONER/APPELLANT/ACCUSED:
SAJU GEORGE, AGED 56 YEARS,
FINANCE DIRECTOR, PRISMLAB INDIA,
DIGITAL EQUIPMENT PVT LTD, 31/1337C,
MYLAMPARAMBIL BUILDING, LALSALAM ROAD,
NEAR CHRIST KING CONVENT, PONNURUNNI,
VITTILA, KOCHI, PIN - 682019
BY ADV BABY MATHEW
RESPONDENT/RESPONDENT/COMPLAINANT AND STATE:
1 M G RAJASEKHARAN NAIR, UNITED T V,
ADITHYA INN, MANGODE, NEMMARA P O,
PALAKKAD DISTRICT-, PIN - 678508
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
R1 BY ADVS. A.C.VENUGOPAL
VIDHYA. A.C
R2 BY SR. PUBLIC PROSECUTOR SRI. C.N.PRABHAKARAN
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 22.05.2024, ALONG WITH Crl.Rev.Pet.675/2021
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.R.P.Nos.675 of 2021 &
connected cases 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 22nd DAY OF MAY 2024 / 1ST JYAISHTA, 1946
CRL.REV.PET NO. 1328 OF 2023
AGAINST THE JUDGMENT DATED 30.04.2021 IN CRA NO.271 OF 2019
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, PALAKKAD
ARISING OUT OF THE JUDGMENT DATED 30.09.2019 IN ST NO.5 OF
2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS II, ALATHUR
REVISION PETITIONER/APPELLANT/ACCUSED:
SAJU GEORGE, AGED 56 YEARS,
FINANCE DIRECTOR, PRSMLAB INDIA,
DIGITAL EQUIPMENT PVT LTD, 31/1337C,
MYLAMPARAMBIL BUILDING, LALSALAM ROAD,
NEAR CHRIST KING CONVENT, PONNURUNNI,
VITTILA, KOCHI., PIN - 682019
BY ADV BABY MATHEW
RESPONDENT/RESPONDENT/COMPLAINANT AND STATE:
1 M G RAJASEKHARAN NAIR,
UNITED T V, ADITHYA INN, MANGODE,
NEMMARA P O, PALAKKAD DISTRICT, PIN - 678508
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
R1 BY ADVS. A.C.VENUGOPAL
VIDHYA. A.C
R2 BY SR. PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 22.05.2024, ALONG WITH Crl.Rev.Pet.675/2021
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.R.P.Nos.675 of 2021 &
connected cases 6
ORDER
These revisions are by accused Nos.2 and 3 in a prosecution under Section 138 of the Negotiable Instruments Act. All the cheques were issued in discharge of the amount due on account of non- supply of machinery. Each cheque is for Rs.1,50,000/-. The accused could not provide the machinery as agreed after receipt of its price and hence agreed to return the amount, for which, the abovesaid cheques were issued. The accused Nos.2 and 3 are the Managing Director and Finance Director of accused No.1 company and they are responsible for the affairs of accused No.1. The issuance of cheque in discharge of a legally enforceable debt is not under challenge. There is no dispute pertaining to compliance of requirement as mandated under Section 138 of the Negotiable Crl.R.P.Nos.675 of 2021 & connected cases 7 Instruments Act. Hence, the concurrent judgment of guilt of accused and conviction deserves no interference.
2. Regarding the sentence, the trial court has committed a grave mistake by ordering double the amount covered by the cheques casting liability on accused Nos.1 and 2 separately for payment of the cheque amount i.e. Rs.1,50,000/- separately by way of fine with default sentence instead of directing to pay the fine amount for the amount covered by the cheques jointly. Hence, the sentence awarded will stand modified by imposing fine of Rs.1,50,000/- (Rupees one lakh fifty thousand only) in each case jointly from accused Nos.2 and 3, in default, they shall undergo simple imprisonment for one month, besides the respective substantive sentence of till rising of court. Three months time is granted to the respective petitioners to receive the sentence. Till that time, no coercive steps shall be initiated.
Crl.R.P.Nos.675 of 2021 & connected cases 8 The Criminal Revision Petitions will stand allowed in part accordingly.
Sd/-
P.SOMARAJAN JUDGE DMR/-