Kunhumoideen vs The State Of Kerala
2023 Latest Caselaw 9523 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 5TH DAY OF SEPTEMBER 2023/14TH BHADRA, 1945
               CRL.REV.PET NO. 723 OF 2018
AGAINST THE ORDER IN ST 1817/2012 OF JUDICIAL MAGISTRATE
               OF FIRST CLASS -I, PONNANI
  CRA 302/2014 OF ADDITIONAL DISTRICT COURT & SESSIONS
   COURT - II, MANJERI / II ADDITIONAL MACT, MANJERI
REVISION PETITIONER:


         KUNHUMOIDEEN,
         S/O.KUNHI MOHAMMED,
         PUTHUPPARAMBIL HOUSE,
         TAVANUR AMSOM,
         MOOVANKARA,
         MALAPPURAM DISTRICT.

         BY ADV SRI.K.RAKESH
RESPONDENTS:


    1    THE STATE OF KERALA,
         REPRESENTED BY THE PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA,
         ERNAKULAM,
         KOCHI, PIN-682031.
    2    UNNIKRISHNAN,
         S/O.MAMBI,VANNAMUKKIL VEEDU,
         TAVANUR AMSOM,
         MOOVANKARA DESOM,PONNANI,
         MALAPPURAM DISTRICT, PIN-676573.

         BY ADVS.
         SRI.JITHIN LUKOSE FOR R2
         SRI.P.SAMSUDIN FOR R2
         SRI.C.S.HRITHWIK, SENIOR PUBLIC PROSECUTOR


     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 05.09.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 Crl.R.P. No.723/2018
                                    :2:




                           N. NAGARESH, J.
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                        Crl.R.P. No.723 of 2018
              ---------------------------------------------------
               Dated this the 5th day of September, 2023


                                  ORDER

The revision petitioner is the accused in S.T.No.1817

of 2012 of the the Judicial First Class Magistrate's Court,

Ponnani. The case originated from a complaint filed by the 2 nd

respondent, alleging commission of the offence punishable

under Section 138 of the Negotiable Instruments Act.

2. The allegation in the complaint was that towards

discharge of a liability of ₹2,49,000/-, the revision petitioner

issued a cheque which, on presentation, was dishonoured for

insufficiency of funds. Despite issuance of statutory notice, the

revision petitioner failed to pay the cheque amount. Hence, the

complaint.

Crl.R.P. No.723/2018

3. The trial court, on appreciation of evidence and

consideration of the legal contentions, found the revision

petitioner guilty and thereupon convicted and sentenced him to

undergo simple imprisonment for three months and directed to

pay compensation of ₹2,49,000/-, with default sentence of

simple imprisonment for six months. The appeal preferred by

the revision petitioner was allowed in part, by affirming the

conviction and altering the substantive sentence to simple

imprisonment till rising of the court. The appellate court

enhanced the compensation amount from ₹2,49,000/- to

₹2,60,000/-. Aggrieved, this revision petition is filed.

4. Although the Counsel for the revision petitioner

raised various contentions assailing the findings of the courts

below, having carefully scrutinised the judgments of the trial

and appellate courts, I find the courts below to have properly

appreciated the evidence and correctly applied the law. As

such, there is no scope for interference in exercise of the

revisional power vested with this Court. Crl.R.P. No.723/2018

5. The Counsel for the revision petitioner pointed out

that pursuant to this Court's direction, 25% of the compensation

amount is deposited before the trial court and in the event of

this Court not being convinced about the grounds urged, time

may be granted for paying the balance amount of

compensation.

6. On consideration of the facts and circumstances

under which the transaction has taken place, I find the request

to be reasonable.

In the result, the criminal revision petition is dismissed.

The revision petitioner is granted three months' time for

paying/remitting the balance amount of compensation, after

deducting the 25% deposited before the trial court. In case of

failure to deposit the balance amount, the revision petitioner

shall undergo simple imprisonment for two months. On

payment/remittance of the balance amount of compensation,

the said amount, along with 25% deposited in the trial court,

shall be released to the 2 nd respondent/complainant. The Crl.R.P. No.723/2018

coercive steps, if any pending against the revision petitioner,

shall be kept in abeyance for three months.

Sd/-

N. NAGARESH JUDGE sss