Sulaiman P.P vs Calicut Textiles
2021 Latest Caselaw 9674 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                     Crl.Rev.Pet.No.748 OF 2020

  AGAINST THE ORDER/JUDGMENT IN CRA 365/2019 DATED 30-10-2020 OF
             ADDITIONAL DISTRICT COURT KOZHIKODE-III

AGAINST THE ORDER/JUDGMENT IN ST 1307/2017 OF JUDICIAL MAGISTRATE
 OF FIRST CLASS (SPECIAL COURT)FOR TRIAL OF CASES U/S.138, NIACT
                           (TEMPORARY


REVISION PETITIONER/ACCUSED:

             SULAIMAN P.P.
             AGED 31 YEARS
             S/O.MOIDU, PROPRIETOR, CENTURY UNIFORMS, PUTHANPURA
             HOUSE, MANNOTHUMMAL, PUTHUSSERY, KADAVU (P.O.),
             KUPPADITHARA, PADINHARATHA (VIA), WAYANAD DISTRICT.

             BY ADVS.
             SRI.P.V.ANOOP
             SRI.PHIJO PRADEESH PHILIP
             SRI.M.P.PRIYESHKUMAR
             SRI.K.V.SREERAJ

RESPONDENT/COMPLAINANT & STATE:

      1      CALICUT TEXTILES
             1ST FLOOR, MOFUSSIL BUS STAND BUILDING, MAVOOR ROAD,
             CALICUT, REPRESENTED BY POWER OF ATTORNEY HOLDER
             SRI.SHAJI P., S/O.P.GOPALAN, AGED 49 YEARS, SHOBA,
             ST.VINCENT COLONY ROAD, ERANHIPALAM (PO), KOZHIKODE
             DISTRICT, PI- 673006.

      2      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, KOCHI - 682031.


OTHER PRESENT:

             PP MAYA M.N.

     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 23.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.R.P.NO.748 OF 2020
                                        2




                                ORDER

Dated this the 23rd day of March 2021

The revision petition is filed challenging the

conviction and sentence in S.T No.1307 of 2017 of

the Special Judicial First Class Magistrate (N.I. Act

Cases) Kozhikode, as affirmed by the judgment in

Criminal Appeal No.365 of 2019 of the Sessions

Court, Kozhikode. 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.2,35,375/-, which, on

presentation, 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 CRL.R.P.NO.748 OF 2020

oral and documentary evidence tendered by the first

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, convicted and sentenced

to pay a fine of Rs.2,35,375/-, with default sentence

of simple imprisonment for three months. On

realisation, the fine was directed to be paid to the

first respondent as compensation under Section

357(1)(b) of Cr.P.C.

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 was unable to find any

reason for interfering with the concurrent findings of

the courts below. At that juncture, the learned

Counsel for the petitioner raised an alternative plea

that, at least, the time limit for remittance of the fine

amount may be extended.

CRL.R.P.NO.748 OF 2020

5. Considering the factual circumstances and the

contentions urged, I find the limited relief of

extending the time for payment of the cheque

amount can be granted.

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 ten

months time for remitting the fine amount of

Rs.2,35,375/- (Rupees two lakh thirty five thousand

three hundred seventy five only). On remittance, the

amount shall be paid to the first respondent as

compensation under Section 357(1) (b) of Cr.P.C. In

view of the time being granted, coercive steps based

on the impugned judgments shall be kept in abeyance

for ten months.

Sd/-

V.G.ARUN

JUDGE NB/23.03.2021 CRL.R.P.NO.748 OF 2020

APPENDIX PETITIONER'S EXHIBITS: NIL

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE