Anees V.T vs Sree Gokulam Chit & Finance Company (P) ...

Kerala High Court

Anees V.T vs Sree Gokulam Chit & Finance Company (P) ... on 22 May, 2024

Author: P.Somarajan

Bench: P.Somarajan

CRL.REV.PET NO. 534 OF 2024

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                  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. 534 OF 2024
 AGAINST THE ORDER/JUDGMENT DATED 12.02.2024 IN CRA NO.212 OF 2022 OF
       SPECIAL ADDITIONAL SESSIONS COURT (MARAD CASES), KOZHIKODE
 AGAINST THE JUDGMENT DATED 01.06.2022 IN ST NO.25 OF 2019 OF JUDICIAL
                   MAGISTRATE OF FIRST CLASS -II, VADAKARA
REVISION PETITIONER/APPELLANT/ACCUSED:

              ANEES V.T, AGED 35 YEARS,
              S/O ALI, VARAKKANRHAZHAYIL (H), MUTTUNGAL WEST,
              (PO) VATAKARA, PIN - 673106
              BY ADVS.
              SUNNY MATHEW
              ANOOJ.J


RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:

      1       SREE GOKULAM CHIT & FINANCE COMPANY (P) LTD
              SREE GOKULAM TOWERS, NO.66 ARCOT ROAD, CHENNAI - THROUGH
              THE POWER OF ATTORNEY HOLDER C.V SIVADASAN, AGED 54 YEARS
              S/O GOVINDAN NAMBIAR MUKKATT KUNIYIL HOUSE,ORKKATTERI P.O
              VATAKARA TALUK, NOW WORKING AS ASST. MANAGER GOKULAM CHITS
              & FINANCE COMPANY, NADAPURAM BRANCH, PIN - 600024
      2       THE STATE OF KERALA
              REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
              ERNAKULAM, PIN - 682031

              PP SRI SANGEETHARAJ N R


      THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON
22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.REV.PET NO. 534 OF 2024

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                                    ORDER

The revision is against the judgment of conviction rendered by both the courts below for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. The accused did not mount on the box to give any direct evidence pertaining to the circumstances under which the alleged cheque came into the hands of the complainant. Admittedly, it contains the signature as that of the accused. There is no dispute pertaining to the compliance of requirement as mandated under Section 138 of the Negotiable Instruments Act. As discussed above, the accused did not mount on the box to give any direct evidence to rebut the presumption available under Section 139 of the Negotiable Instruments Act and nothing was brought out at the time of cross examination of PW1, the complainant. Necessarily, the judgment of conviction deserves no interference.

2. The sentence awarded is the bare minimum till rising of court and the cheque amount by way of fine. CRL.REV.PET NO. 534 OF 2024 3

3. Having regard to the submission made by the learned counsel for the revision petitioner, three months time is granted to pay the fine amount and to receive the substantive sentence. Till that time, no coercive steps shall be initiated against him. He shall appear before the trial court within that time to receive the sentence.

The Criminal Revision Petition will stand dismissed accordingly with the abovesaid direction.

Sd/-

P.SOMARAJAN JUDGE msp