Kerala High Court
L Omana vs J Gnanadas on 24 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
CRL.REV.PET NO. 544 OF 2023
AGAINST THE JUDGMENT IN CC 1110/2016 OF TEMPORARY COURT OF JUDICIAL
MAGISTRATE OF FIRST CLASS , THIRUVANANTHAPURAM AS AFFIRMED BY THE
JUDGMENT IN CRA 60/2022 OF SESSIONS COURT, THIRUVANANTHAPURAM
PETITIONER/APPELLANT/ACCUSED
L OMANA
AGED 52 YEARS
W/O MADHU, KADAYARAPUTHEN VEEDU, CHOOZHATTUKOTTA (P.O.),
THIRUVANANTHAPURAM, PIN - 695573
BY ADV NIDHI BALACHANDRAN
RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:
1 J GNANADAS
AGED 61 YEARS
'JAPAM', TC 51/350, GAYATHRI NAGAR, PAPPANAMCODE,
THIRUVANANTHAPURAM, PIN - 695018
2 STATE OF KERALA
REPRESENTED BY IT'S PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
BY ADV. RENJITH GEORGE, SR. PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.R.P.NO.544 OF 2023
2
ORDER
Dated this the 24th day of May, 2023
The revision petitioner is the accused in C.C.No.
1110 of 2016 on the files of the Temporary Special
Court of the Judicial Magistrate of First Class for the
trial of Cases under Section 138 of the N.I.Act,
Thiruvananthapuram. The case originated from a
complaint filed by the first respondent, alleging
commission of the offence under Section 138 of the
Negotiable Instruments Act.
2. It was alleged in the complaint that the
revision petitioner had borrowed Rs.1,00,000/- and
had issued a cheque towards discharge of that liability.
The cheque, when presented for collection, was
returned dishonoured for insufficiency of funds. In
spite of issuing a demand notice, the amount was not
paid.
3. The trial court, on appreciation of evidence
and consideration of the legal contentions, found the
CRL.R.P.NO.544 OF 2023
revision petitioner guilty and thereupon, convicted and
sentenced him to undergo simple imprisonment till
rising of the court and to pay fine of Rs.1,48,000/-,
with default sentence of simple imprisonment for
three months. Although petitioner preferred an appeal
challenging the conviction and sentence, the same
was dismissed affirming the findings of the trial court.
Hence, this criminal revision petition.
4. Learned Counsel for the petitioner put forth
various contentions, including the illegality in
mulcting the petitioner with a fine of Rs.1,48,000/- as
against the cheque amount of Rs.1,00,000/-. On
careful scrutiny of the trial and appellate court
judgments, it is seen that the evidence was
appreciated properly and the law applied correctly. As
such, no interference, in exercise of this Court's
revisional power, is warranted. Having held so, I am of
the opinion that, interest of justice will be sub-served,
if the time limit for remittance of fine is extended.
CRL.R.P.NO.544 OF 2023
5. In the result, the criminal revision petition is
dismissed and the time limit for remitting the fine
amount of Rs.1,48,000/- is extended by eight months
from today. The petitioner shall remit/pay the fine
amount and appear before the trial court, for
undergoing the sentence of imprisonment till rising of
the court, within the extended period. In case of
default in remitting the fine, the petitioner shall be
liable to undergo simple imprisonment for three
months.
In view of the extension granted, the coercive
proceedings, if any pending against the petitioner,
shall be kept in abeyance for eight months.
Sd/-
V.G.ARUN
JUDGE
NB/24-5
CRL.R.P.NO.544 OF 2023
APPENDIX OF CRL.RP.544/2023
PETITIONER'S ANNEXURE NIL
RESPONDENTS' ANNEXURE: NIL
TRUE COPY
P.A. TO JUDGE
