Asokan vs State Of Kerala
2021 Latest Caselaw 5969 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                   Crl.Rev.Pet.No.1427 OF 2010

  AGAINST THE ORDER/JUDGMENT IN CRA 340/2008 DATED 20-03-2010 OF
           ADDITIONAL DISTRICT COURT (ADHOC), THRISSUR

  AGAINST THE ORDER/JUDGMENT IN CC 590/2005 DATED 16-04-2008 OF
         JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD


REVISION PETITIONER/APPELLANT/ACCUSED:

             ASOKAN
             S/O. ITTAMAN,
             AREEKKARA HOUSE, VAKA,
             ELAVALLY VILLAGE, CHAVAKKAD,
             THRISSUR.

             BY ADV. SRI.K.I.SAGEER

RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT:

      1      STATE OF KERALA
             PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA,ERNAKULAM.

      2      SHAJSEN
             S/O. SANKUNNI,
             KARNAMKOTTU HOUSE, ELAVALLY SOUTH,
             CHAVAKKAD,THRISSUR.

             R2 BY ADV. SRI.P.RAMACHANDRAN
             R2 BY SMT. M. K. PUSHPALATHA, SR.PUBLIC PROSECUTOR

     THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
18.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.Rev.Pet.No.1427 OF 2010

                            -2-




                       ORDER

The revision petitioner was convicted and

sentenced by the courts below under Section 138 of

the Negotiable Instruments Act (for short 'the N.I.

Act').

2. Heard.

3. The courts below correctly appreciated the

oral and documentary evidence and concurrently

found that the revision petitioner executed Ext.P1

cheque as contemplated under Section 138 of the

N.I.Act and committed the offence under Section

138 of the N.I.Act. No material has been brought to

the notice of this Court to indicate that the

appreciation of evidence or the concurrent finding Crl.Rev.Pet.No.1427 OF 2010

of conviction by the courts below was perverse or

incorrect. In the said circumstances, the concurrent

finding of conviction by the courts below under

Section 138 of the N.I.Act does not warrant any

interference by this Court. The sentence awarded

by the appellate court also does not warrant any

interference by this Court.

In the result, this criminal revision petition

stands dismissed.

The learned counsel for the second respondent

has submitted that the second respondent had

already received the entire compensation awarded

by the appellate court. In view of the above

submission, it is directed that the revision petitioner

need not pay any further amount to comply with

the direction of payment of compensation. Crl.Rev.Pet.No.1427 OF 2010

The revision petitioner shall surrender before

the trial court on 05.04.2021 to suffer the sentence

of imprisonment till the rising of the court awarded

by the appelate court.

Sd/-

B.SUDHEENDRA KUMAR

JUDGE nkr/18.02.2021