Kerala High Court
Basheer Poolakkunnan vs Veerankutty on 21 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
Crl.Rev.Pet.No.971 OF 2018
AGAINST THE ORDER/JUDGMENT IN CRA 251/2015 DATED 20-06-2017 OF
DISTRICT COURT& SESSIONS COURT,MANJERI
AGAINST THE ORDER/JUDGMENT IN ST 65/2010 DATED 26-08-2015 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II(FOREST OFFENCES),MANJERI
REVISION PETITIONER/S/APPELLANT/ACCUSED:
BASHEER POOLAKKUNNAN
S/O MUHAMMED
POOLAKKUNNAN HOUSE, THADAPPARAMBA,
MONGAM POST, KONDOTTY
BY ADVS.
SRI.K.M.SATHYANATHA MENON
SMT.KAVERY S THAMPI
RESPONDENT/S/COMPLAINANT & STATE:
1 VEERANKUTTY
S/O CHERUVALLAKKADAN MOHAMMED HAJI,
THRIPPANACHI, AREEKODE,
MALAPPURAM DISTRICT, PIN - 679 639
2 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 036
R1 BY ADV. SRI.E.C.AHAMED FAZIL
R2 BY SMT. M. K. PUSHPALATHA, SR.PP
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
19.01.2021, ALONG WITH Crl.Rev.Pet.972/2018, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.Nos.971 and 972 OF 2018
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
Crl.Rev.Pet.No.972 OF 2018
AGAINST THE ORDER/JUDGMENT IN CRA 252/2015 OF DISTRICT
COURT& SESSIONS COURT,MANJERI
AGAINST THE ORDER/JUDGMENT IN ST 64/2010 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II(FOREST OFFENCES),MANJERI
REVISION PETITIONER/S/APPELLANT/ACCUSED:
BASHEER POOLAKKUNNAN
S/O MOHAMMED, POOLAKKUNNAN HOUSE,
THADAPPARAMBA, MONGAM POST, KONDOTTY
BY ADVS.
SRI.K.M.SATHYANATHA MENON
SMT.KAVERY S THAMPI
RESPONDENT/S/COMPLAINANT:
1 VEERANKUTTY
S/O CHERUVALLAKKADAN MOHAMMED HAJI,
THRIPPANACHI, AREEKODE,
MALAPPURAM DISTRICT, PIN - 679 639
2 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682
036
R1 BY ADV. SRI.E.C.AHAMED FAZIL
R2 BY SMT. M. K. PUSHPALATHA, SR.PP
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 19.01.2021, ALONG WITH Crl.Rev.Pet.971/2018, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.Nos.971 and 972 OF 2018
3
O R D E R
The revision petitioner is the accused in S.T. No.
64/2010 and S.T.No.65/2010 on the files of the trial
court. In both the said cases, the revision petitioner
was convicted and sentenced by the courts below
under Section 138 of the N.I.Act. Since the transaction
which led to the issuance of the cheques in both the
said cases is the same, I am inclined to dispose of
these two revision petitions by this common order.
2. Heard both sides.
3. The courts below correctly appreciated the oral
and documentary evidence in both the said cases and
concurrently found that the revision petitioner executed
Crl.Rev.Pet.Nos.971 and 972 OF 2018
Ext.P1 cheque in S.T.No.64/2010 and Ext.P1 cheque in
S.T.No. 65/ 2010 as contemplated under Section 138 of
the N.I.Act and committed the offence under Section 138
of the N.I.Act.
4. No material has been brought to the notice of
this court to indicate that the appreciation of evidence
or the concurrent finding of conviction under Section
138 of the N.I.Act by the courts below in the above said
cases 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 in the
above said cases, does not warrant any interference by
this court.
5. Considering the facts and circumstances of
the case, including the amount covered by the
Crl.Rev.Pet.Nos.971 and 972 OF 2018
respective cheques, I am of the view that the sentence
awaded by the appellate court in S.T.No.65/2010 can
be modified and reduced to a fine of Rs.1,41,000/-
(Rupees One Lakh Forty One Thousand Only) with a
default clause for simple imprisonment for two months
and the sentence awarded by the appellate court in
S.T.64/2010 can be modified and reduced to a fine of
Rs.1,00,000/- (Rupees One Lakh Only) with a default
clause for simple imprisonment for one month 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 disposed of as above.
Crl.Rev.Pet.Nos.971 and 972 OF 2018
The revision petitioner is granted six 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
RK/19.01.2020
