Kerala High Court
Savitha S.M vs State Bank Of Tranavancore on 2 August, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
CRL.REV.PET NO. 1485 OF 2012
CRA NO.3 OF 2012 OF DISTRICT COURT & SESSIONS COURT,
THIRUVANANTHAPURAM ARISING OUT OF THE JUDGMENT DATED
09.12.2011 IN CC NO.1709 OF 2007 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -VI, THIRUVANANTHAPURAM
REVISION PETITIONER/APPELLANT/ACCUSED:
SAVITHA S.M
W/O S.M.K. NAZAR, SAVITHA COTTAGE, ATTUKAL,
CHULLIMANOOR P.O, NEDUMANGAD, THIRUVANANTHAPURAM
AND VISION INDIA INFOTECH MARKETING PVT LTD,
T.C NO 11/558, 569, MUSEUM BAINS COMPOUND,
NANTHANCODE, KOWDIAR, P.O, THIRUVANANTHAPURAM
BY ADVS.
SRI.T.A.UNNIKRISHNAN
SRI.K.S.PRAVEEN
SRI.K.SATHEESH KUMAR
RESPONDENTS/RESPONDENTS/COMPLAINANT:
1 STATE BANK OF TRANAVANCORE
AN ASSOCIATION OF STATE BANK OF INDIA (SBI),
AN BODY CORPORATE CONSTITUTED AND FUNCTIONING
UNDER THE SBI (SUBSIDIARY BANK O ACT 1959,
RERPESENTED BY ITS CHIEF MANAGER OF MAIN BRANCH,
THIRUVANAANTHAPURAM 695001
2 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
OTHER PRESENT:
SRI.RENJITH.T.R, SR.PP
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CrlRP.No.1485/2012
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.R.P. No.1485 of 2012
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Dated this the 02nd day of August, 2024
ORDER
This revision petition is filed against the conviction and
sentence imposed on the revision petitioner in
C.C.No.1709/2007 on the file of the Judicial First Class
Magistrate Court-VI, Thiruvananthapuram, which is confirmed
by the Sessions Court, Thiruvananthapuram in Criminal
Appeal No.3/2012. The revision petitioner was prosecuted
under Section 138 of the Negotiable Instruments Act.
2. The case of the complainant is that the revision
petitioner availed a vehicle loan from the complainant and
issued a cheque. When the cheque was presented, the same
was returned with an endorsement "funds insufficient". Even
after statutory notice, the amount is not paid. Hence the
prosecution is initiated.
3. Before the trial court, PW1 was examined and
Exts.P1 to P5 were marked on the side of the complainant.
After going through the evidence and documents, the trial
court convicted the revision petitioner and sentenced to suffer
imprisonment till rising of the court and to pay a fine of
Rs.2,58,900/-. In default of payment of fine, the revision
petitioner/accused was directed to undergo simple
imprisonment for three months. Aggrieved by the conviction
and sentence, an appeal is filed before the Sessions Court,
Thiruvananthapuram. The Sessions Court confirmed the
conviction and sentence.
4. This Court directed the Registry to get a report
from the trial court to find out whether the fine amount is paid
by the revision petitioner. The learned Magistrate informed
that as per the Fine Register, the fine is not paid. The learned
Magistrate also reported that the file is misplaced and the
office is trying to trace out the bundle. When this revision
petition came up for consideration, the counsel for the
revision petitioner submitted that some time may be given for
paying the fine amount.
5. This Court perused the impugned judgment. After
going through the judgment, I think there is nothing to
interfere with the conviction and sentence imposed by the trial
court.
Therefore, considering the request of the revision
petitioner, six weeks' time is given to pay the fine amount. If
the fine amount is not paid within six weeks, the learned
Magistrate is free to proceed in accordance with law.
With the above observation, this criminal revision
petition is disposed of. Forward a copy of this order to the
trial court forthwith.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
