Rajasree N. Rajan vs State Of Kerala
2021 Latest Caselaw 11738 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

            THE HONOURABLE MR.JUSTICE V.G.ARUN

FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                 Crl.Rev.Pet.No.282 OF 2021

  CRA 170/2019 OF III ADDITIONAL SESSIONS COURT, KOLLAM

 ST 330/2017 OF CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM


REVISION PETITIONER/S:

           RAJASREE N. RAJAN
           AGED 46 YEARS
           D/O.NATARAJAN, KIZAN NAGAR,
           ALIKKATTOOR, PIRAVANTHOOR P.O,
           KOLLAM, WORKING AS TEACHER UP SCHOOL
           KURUMBUKARA, PATHANAPURAM,
           KOLLAM-689695

           BY ADVS.
           SRI.SANTHOSH P.ABRAHAM
           SMT.S.K.DEVI

RESPONDENT/S:

     1     STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR
           HIGH COURT OF KERALA, ERNAKULAM-682 031.

     2     D.REGHUNATHAN, S/O.DIVAKARAN,
           ARAMAM, TAGORE NAGAR 5,
           MANAYILKULANGARA, THIRUMULLAVARAM PO
           KOLLAM DISTRICT - 691102.

OTHER PRESENT:

           PP T.R.RENJITH

     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 09.04.2021, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.R.P.No.282 of 2021

                                -2-



                           ORDER

Dated this the 09th day of April, 2021

The revision petition is filed challenging

the conviction and sentence in ST No.330 of 2017

of the Chief Judicial Magistrate Court, Kollam,

as confirmed by the judgment in Criminal Appeal

No.170 of 2019 of the IInd Additional Sessions

Court, Kollam. The judgment convicting the

revision petitioner was rendered pursuant to a

complaint filed by the second respondent alleging

commission of an offence under Section 138 of the

Negotiable Instruments Act. The allegation was

that, towards discharge of a debt, the revision

petitioner had issued a cheque for Rs.2,00,000/-

in favour of the second respondent, which, on

presentation, had bounced due to insufficiency of

funds. Even though statutory notice was issued, Crl.R.P.No.282 of 2021

calling upon the revision petitioner to pay the

cheque amount, the demand was not met.

2. The trial court, after careful scrutiny of

the oral and documentary evidence tendered by the

second respondent, found the cheque to have been

issued towards a legally enforceable debt and

returned for insufficiency of funds.

Consequently, the revision petitioner was found

guilty and sentenced to undergo imprisonment till

rising of court and to pay compensation of

Rs.2,00,000/- with default sentence of simple

imprisonment for a further period of two months.

3. The appeal filed by the revision

petitioner was rejected finding no ground to

interfere with the well reasoned judgment of the

trial court.

4. Having heard the learned Counsel for the

revision petitioner at length, I found no ground Crl.R.P.No.282 of 2021

warranting interference with the concurrent

findings of the courts below. At that juncture,

the learned Counsel for the revision petitioner

raised an alternative plea that, at least, the

time limit for remittance of the fine amount may

be extended.

5. Considering the factual circumstances and

the contentions urged, I am inclined to grant the

limited relief of extending the time for payment

of the cheque amount. In view of the limited

relief being granted, notice to the second

respondent is dispensed with.

In the result, the Criminal Revision Petition

is allowed in part. The finding of guilt and

conviction is affirmed and the revision

petitioner is granted eight months from today for

remitting the compensation amount of

Rs.2,00,000/- (Rupees two lakhs only). An amount Crl.R.P.No.282 of 2021

of Rs.40,000/- deposited by the revision

petitioner before the appellate court will be

given due credit. In view of the time granted by

this Court, coercive steps based on the impugned

judgments, shall be deferred for a period of

eight months.

Sd/-

V.G.ARUN JUDGE

Scl/09.04.2021