Kerala High Court
K.R. Mohanan vs N.K. Surendran on 5 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
Crl.Rev.Pet.No.646 OF 2018
AGAINST THE ORDER/JUDGMENT IN CRA 524/2012 DATED 17-03-2018 OF
DISTRICT COURT & SESSIONS COURT, THRISSUR
AGAINST THE ORDER/JUDGMENT IN CC 2000/2007 DATED 13-08-2012 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I, THRISSUR
REVISION PETITIONER/APPELLANT/ACCUSED:
K.R. MOHANAN, AGED 45,
S/O.KUNNAMPATTIL RAGHAVAN,
NETTYSSERY P.O., MUKKATTUKARA,
NAYARANGADI, THRISSUR DISTRICT.
BY ADVS.
SRI.LAVARAJ M.G.
SRI.SAJEEV R MENON
RESPONDENTS/RESPONDENTS/COMPLAINANT/STATE:
1 N.K. SURENDRAN, AGED 57 YEARS,
S/O. KUNJAN, NELLIPARAMBIL HOUSE,
URAKAM P.O., THRISSUR - 680 562.
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA - 682 031.
R1 BY ADV. SRI.ARUN ASHOK
R1 BY ADV. SRI.T.R.SHAJU XAVIOUR
R2 BY SMT. M. K. PUSHPALATHA, SR.PP
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
05.01.2021, ALONG WITH Crl.Rev.Pet.656/2018, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.Nos.646 & 656 OF 2018
-2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
Crl.Rev.Pet.No.656 OF 2018
AGAINST THE ORDER/JUDGMENT IN CRA 525/2012 DATED 17-03-
2018 OF DISTRICT COURT & SESSIONS COURT,THRISSUR
AGAINST THE ORDER/JUDGMENT IN CC 2001/2007 DATED 13-08-
2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THRISSUR
REVISION PETITIONER/APPELLANT/ACCUSED:
K.R. MOHANAN, AGED 45 YEARS,
S/O. KUNAMPATTIL RAGHAVAN, NETTYSSERY
PO,MUKKATTUKARA, NAYARANGADI,
THRISSUR DISTRICT.
BY ADVS.
SRI.LAVARAJ M.G.
SRI.SAJEEV R MENON
RESPONDENTS/RESPONDENTS/COMPLAINANT/STATE:
1 N.K. SURENDRAN, AGED 57 YEARS
S/O. KUNJAN, NELLIPARAMBIL HOUSE,
URAKAM P.O, THRISSUR.
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
R1 BY ADV. SRI.ARUN ASHOK
R1 BY ADV. SRI.T.R.SHAJU XAVIOUR
R2 BY SMT. M.K. PUSHPALATHA, SR.PUBLIC
PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 05.01.2021, ALONG WITH Crl.Rev.Pet.646/2018, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.Nos.646 & 656 OF 2018
-3-
ORDER
These revision petitions arise out of the
conviction and sentence passed by the courts below
under Section 138 of the Negotiable Instruments Act,
(for short "the N.I. Act") in C.C.No.2000/2007 and
C.C.No.2001/2007.
2. Heard.
3. The prosecution case is that Exts.P1 and P2
cheques were issued to the complainant by the
revision petitioner in connection with the borrowing of
an amount of Rs.4,25,000/- (Rupees four lakh and
twenty five thousand only).
4. Ext.P1 cheque is involved in
C.C.No.2000/2007 and Ext.P2 cheque is involved in
C.C.No.2001/2007. The trial court jointly tried both
Crl.Rev.Pet.Nos.646 & 656 OF 2018
the cases.
5. It appears that the courts below correctly
appreciated the oral and documentary evidence and
concurrently found that the revision petitioner
executed Exts.P1 and P2 cheques 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 of conviction by the courts below
was perverse or incorrect. In the said circumstances,
the concurrent finding of conviction by the courts
below in C.C.Nos.2000/2007 and 2001/2007 under
Section 138 of the N.I.Act does not warrant any
interference by this Court. Considering the facts and
circumstances of the case, including the amount
covered by Exts.P1 and P2 cheques, I am of the view
Crl.Rev.Pet.Nos.646 & 656 OF 2018
that the sentence awarded by the appellate court
under Section 138 of the N.I.Act in C.C.No.2000/2007
can be modified and reduced to a fine of
Rs.3,00,000/- (Rupees three lakh only) with a default
clause for simple imprisonment for three months and
the sentence awarded by the appellate court in
C.C.No.2001/2007 can be modified and reduced to a
fine of Rs.2,00,000/- (Rupees two lakh only) with a
default clause for simple imprisonment for two
months, to meet the ends of justice. It is ordered
accordingly. If the fine is realised in the above said
cases, the entire amount shall be given to the
complainant as compensation under Section
357(1)(b) Cr.P.C.
In the result, these criminal revision petitions
stand allowed in part as above.
Crl.Rev.Pet.Nos.646 & 656 OF 2018
The revision petitioner is granted ten months to
pay the fine/compensation as requested by the
learned counsel for the revision petitioner.
Needless to state that if the revision petitioner
had already deposited any amount before the trial
court, pursuant to the direction of this Court, the said
amount shall be released to the complainant as part
of the compensation.
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
Nkr/05.01.2020
