K.P.Varghese vs P.V.Paulose
2021 Latest Caselaw 6570 Ker

CRL.R.P.NO.60 OF 2021
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

   WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                        Crl.Rev.Pet.No.60 OF 2021

   AGAINST THE ORDER/JUDGMENT IN CRA 99/2018 DATED 14-09-2020 OF
        ADDITIONAL DISTRICT & SESSIONS COURT,MOOVATTUPUZHA

  AGAINST THE ORDER/JUDGMENT IN ST 1361/2015 DATED 28-02-2018 OF
         JUDICIAL MAGISTRATE OF FIRST CLASS ,KOLENCHERRY


REVISION PETITIONER/APPELLANT/ACCUSED:

                K.P.VARGHESE
                AGED 53 YEARS
                S/O. PATHROSE, KOORAPPILLIL VEEDU, MORAKKALA KARA,
                KUMARAPURAM P.O. 683 565, KUNNATHUNADU VILLAGE.

                BY ADVS.
                SRI.M.K.DILEEPAN
                SRI.DEEPAK T.NEDUNGADAN
                SMT.P.SUMITHRA
                SHRI.S.KARTHIK MENON

RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:

        1       P.V.PAULOSE
                AGED 53 YEARS
                S/O. VARKEY, POIKKATTIL HOUSE, MORAKKALA KARA,
                KUMARAPURAM P.O. KUNNATHUNADU VILLAGE, ERNAKULAM
                DISTRICT 683 565.

        2       STATE OF KERALA,
                REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
                KERALA, ERNAKULAM 683 565.


OTHER PRESENT:

                PP T.R.RENJITH

     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 24.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.R.P.NO.60 OF 2021
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                                     ORDER

Dated this the 24th day of February 2021

The revision petition is filed challenging the

conviction and sentence in S.T.No.1361/2015 of the

Judicial First Class Magistrate Court, Kolenchery, as

modified by the judgment in Criminal Appeal

No.99/2018 of the Additional District and Sessions

Judge's Court, Muvattupuzha. The judgment

convicting the revision petitioner was rendered

pursuant to a complaint filed by the first respondent

alleging commission of the offence under Section 138

of the Negotiable Instruments Act. The allegation

was that, towards discharge of his debt, the revision

petitioner had issued a cheque for Rs.1,00,000/-

(Rupees one lakh only) in favour of the first

respondent, which, on presentation, had bounced due

to insufficiency of funds. Even though statutory notice

was issued, 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 CRL.R.P.NO.60 OF 2021

and documentary evidence tendered by the first

respondent, found the cheque to have been issued

towards a legally enforceable debt and that the

cheque was returned for insufficiency of funds.

Consequently, the revision petitioner was found guilty,

convicted and sentenced to undergo simple

imprisonment till rising of the court and to pay fine of

Rs.1,00,000/- (Rupees one lakh only), in default of

which the revision revision petitioner should undergo

simple imprisonment for three months. The appeal

filed by the revision petitioner was dismissed,

confirming the conviction and sentence.

3. Having heard the learned Counsel for the

revision petitioner at length, I could not find any

ground for interfering with the concurrent findings of

the trial as well as appellate court. Thereupon, the

learned Counsel raised an alternative plea that in the

event of this Court being not inclined to entertain the

revision petitioner, the time limit for remittance of the

fine may be extended.

4. Considering the factual circumstances and CRL.R.P.NO.60 OF 2021

the contentions urged, I am inclined to grant the

limited relief of extending the time limit for payment

of the cheque amount. In view of the limited relief

being granted, notice to the first respondent is

dispensed with.

In the result, the Criminal Revision Petition is

allowed in part. Conviction and sentence confirmed.

The revision petitioner shall remit the fine amount of

Rs.1,00,000/- (Rupees one lakh only) within eight

months from today. On remittance, the amount shall

be paid to the first respondent as compensation. The

revision petitioner shall pay the compensation before

expiry of the eight month's period, failing which the

reliefs granted under this judgment will stand

withdrawn. In view of the time granted by this Court,

coercive steps based on the impugned judgments,

shall be deferred for eight months.

Sd/-

V.G.ARUN

JUDGE NB CRL.R.P.NO.60 OF 2021

APPENDIX

PETITIONER'S EXHIBITS: NIL

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE