Kerala High Court
P.V.Sudhakaran vs M.Vijayan on 6 February, 2024
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
CRL.REV.PET NO. 1605 OF 2018
AGAINST THE JUDGMENT IN ST 2542/2010 OF JUDICIAL MAGISTRATE OF
FIRST CLASS - I, OTTAPPALAM
CRA 318/2015 OF ADDITIONAL SESSIONS COURT - IV, PALAKKAD
REVISION PETITIONER/APPELLANT NO.2/ACCUSED NO.2:
P.V.SUDHAKARAN
S/O.VELAYUDHAN, AGED 64 YEARS,
POOLAKKAL PARAMBU HOUSE, AYILOOR,
PALAKKAD DISTRICT
BY ADV RAJESH SIVARAMANKUTTY
RESPONDENTS/RESPONDENTS AND APPELLANT-1/COMPLAINANT, STATE AND
ACCUSED NO.1:
1 M.VIJAYAN
AGED 54 YEARS
S/O.M.VELU, NEW LAVANYA JEWELLERY,
SHORNUR, OTTAPALAM TALUK,
PALAKKAD DISTRICT- 679121
2 STATE OF KERALA
REP BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
3 SREELAKSHMI KURIES AND LOANS (P) LTD
SREELAKSHMI TOWER, EAST FORT ROAD,
FORT MAIDAN, PALAKKAD (UNDER LIQUIDATION)
REP. BY OFFICIAL LIQUIDATOR,
HIGH COURT OF KERALA, ERNAKULAM.
R1 ADV SRI.SANTHEEP ANKARATH
R2 BY ADV SRI C N PRABHAKARAN, SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.REV.PET NO. 1605 OF 2018
2
ORDER
It is against the concurrent findings and
judgment of conviction for the offence punishable
under Section 138 of the Negotiable Instruments
Act, the accused No.2 came up in revision.
2. The respondent No.1 entered appearance
through Adv. Sandeep Ankarath.
3. Heard both sides.
4. When the matter came up for hearing, the
learned counsel for the revision petitioner
fairly submitted that he is intending to make
payment of the cheque amount directly to the
complainant.
5. Going by the evidence tendered through
PW1 and the documentary evidences adduced would
sufficiently show that there is no much dispute
CRL.REV.PET NO. 1605 OF 2018
with respect to due execution of the cheque and
the compliance of requirements as mandated under
Section 138 of the Negotiable Instruments Act.
The accused did not mount on the box to give any
direct evidence to rebut the presumption, and no
other satisfactory evidence was adduced in that
behalf. Necessarily, the judgment of conviction
for the offence punishable under Section 138 of
the Negotiable Instruments Act deserves no
interference.
6. On coming into the sentence, the three
months simple imprisonment ordered, for an
offence statutorily created, can not be
sustained. Hence, the sentence will stand
modified to a fine amount of Rs.1,02,000/- (Rupees
One Lakh Two Thousand only), in default, to
undergo simple imprisonment for three months.
The sentence will stand modified accordingly. The
revision petitioner/accused No.2 shall appear
CRL.REV.PET NO. 1605 OF 2018
before the trial court within two months from
today to receive the sentence.
The Crl.R.P. will stand allowed in part
accordingly.
Sd/-
P.SOMARAJAN
JUDGE
SPV
