Kerala High Court
K.C. Kurian vs State Of Kerala on 7 February, 2024
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 7th DAY OF FEBRUARY 2024 / 18TH MAGHA, 1945
CRL.REV.PET NO. 60 OF 2024
AGAINST THE JUDGMENT IN CC 292/2018 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT, KOOTHATTUKULAM
CRA 129/2019 OF ADDITIONAL DISTRICT & SESSIONS COURT (POCSO),
MUVATTUPUZHA
REVISION PETITIONER/APPELLANT/ACCUSED:
K.C. KURIAN, AGED 43 YEARS,
S/o CHACKO, RESIDING AT KULATHIPARAMBIL (H),
CHEERANCHIRA P.O., CHANGANACHERRY VILLAGE,
KOTTAYAM, PIN - 686106
BY ADV AKHIL VIJAY
RESPONDENTS/RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 HARIKUMAR K.S, S/o SANKARAN NAIR,
KRISHNA BHAVAN, KOOTHATTUKULAM VILLAGE,
MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT,
REPRESENTED BY THE POWER OF ATTORNEY HOLDER K.M. MOHAMMED
KUTTY, S/o MARAKKAR, KARIMNUMALIL HOUSE,
KUMMANAM P.O., KOTTAYAM, PIN - 686005
R1 BY PUBLIC PROSECUTOR SRI SANGEETHARAJ N R,
R2 BY ADV. V P MOHAMMED NIYAS
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON
07.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.R.P.No.60 of 2024 2
ORDER
Criminal law was set in motion in connection with
dishonour of a cheque for Rs.2,50,000/- on the allegation
of commission of offence punishable under Section 138 of
the Negotiable Instruments Act. After the trial, both the
courts below, the trial Magistrate and the first appellate
court, found the accused guilty of the said offence and
rendered a judgment of conviction. It is submitted by the
learned counsel for the revision petitioner that the case
advanced by the complainant is that the cheque was issued
towards payment of arrears of rent. In turn, the accused
has admitted that the cheque leaf belonged to his account
and it contains a signature affixed by him and all entries
in the cheque was filled up by him by his own handwriting
including the amount both in figures and in words and it
was given to the complainant towards payment of arrears of
rent. Necessarily, on compliance of requirement as mandated
under Section 138 of the Negotiable Instruments Act, the
offence would stand established. Hence, there is no reason
to interfere with the judgment of conviction. The sentence
awarded is only a fine amount of Rs.2,70,000/-.
Rs.20,000/- was added presumably on account of the interest
accrued, hence reflects a proper balance. The accused
shall appear before the trial court within a period of two
months from today so as to receive the sentence.
The Criminal Revision Petition fails and is dismissed.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
APPENDIX OF CRL.REV.PET 60/2024
PETITIONER'S ANNEXURES
ANNEXURE A1 A CERTIFIED COPY OF THE COMPLAINT FILED BY THE
SECOND RESPONDENT DATED 18.06.2018 IN
CC.292/2018 ON THE FILES OF THE HONORABLE
COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST
CLASS, KOOTHATTUKULAM.
ANNEXURE A2 A CERTIFIED COPY OF THE AFFIDAVIT FILED ALONG
WITH THE COMPLAINT DATED 18.06.2018 PRODUCED
IN CC.292/2018 ON THE FILES OF THE HONOURABLE
COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST
CLASS, KOOTHATTUKULAM.
ANNEXURE A3 A CERTIFIED COPY OF THE DEPOSITION OF PW1 IN
C.C. 292/2018 ON THE FILES OF THE HONOURABLE
COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST
CLASS, KOOTHATTUKULAM.
ANNEXURE A4 A CERTIFIED COPY OF THE POWER OF ATTORNEY
DATED 19.05.2018 PRODUCED AND MARKED IN C.C.
292/2018 ON THE FILES OF THE HONOURABLE COURT
OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS,
KOOTHATTUKULAM AS EXT.P1
ANNEXURE A5 A CERTIFIED COPY OF THE LICENSE AGREEMENT
DATED 07.08.2017 PRODUCED IN C.C. 292/2018 ON
THE FILES OF THE HONOURABLE COURT OF THE
JUDICIAL MAGISTRATE OF THE FIRST CLASS,
KOOTHATTUKULAM AND MARKED AS EXT.P2.
ANNEXURE A6 A CERTIFIED COPY OF THE CHEQUE NUMBER 000115
OF KOTAK MAHINDRA BANK PRODUCED IN C.C.
292/2018 ON THE FILES OF THE HONOURABLE COURT
OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS,
KOOTHATTUKULAM AS EXT.P3.
ANNEXURE A7 A CERTIFIED COPY OF THE RETURN MEMO REPORT
DATED 30.01.2018 PRODUCED IN C.C. 292/2018 ON
THE FILES OF THE HONOURABLE COURT OF THE
JUDICIAL MAGISTRATE OF THE FIRST CLASS,
KOOTHATTUKULAM AND MARKED AS EXT.P4.
ANNEXURE A8 A CERTIFIED COPY OF THE NOTICE ISSUED BY THE
SECOND RESPONDENT DATED 27.02.2018 PRODUCED IN
C.C. 292/2018 ON THE FILES OF THE HONOURABLE
COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST
CLASS, KOOTHATTUKULAM AND MARKED AS EXT.P5.
ANNEXURE A9 A CERTIFIED COPY OF THE POSTAL RECEIPT DATED
27.02.2018 PRODUCED IN C.C. 292/2018 ON THE
FILES OF THE HONOURABLE COURT OF THE JUDICIAL
MAGISTRATE OF THE FIRST CLASS, KOOTHATTUKULAM
AND MARKED AS EXT.P6.
ANNEXURE A10 A CERTIFIED COPY OF THE POSTAL COVER AND
ACKNOWLEDGMENT CARD PRODUCED IN C.C. 292/2018
ON THE FILES OF THE HONOURABLE COURT OF THE
JUDICIAL MAGISTRATE OF THE FIRST CLASS,
KOOTHATTUKULAM AND MARKED AS EXT.P7.
ANNEXURE A11 A CERTIFIED COPY OF THE CHEQUE NUMBER 000090
OF THE KOTAK MAHINDRA BANK DATED 07.11.2017
PRODUCED IN C.C. 292/2018 ON THE FILES OF THE
HONOURABLE COURT OF THE JUDICIAL MAGISTRATE OF
THE FIRST CLASS, KOOTHATTUKULAM AND MARKED AS
EXT.P8.
ANNEXURE A12 A CERTIFIED COPY OF THE RETURN MEMO DATED
30.01.2018 PRODUCED IN C.C. 292/2018 ON THE
FILES OF THE HONOURABLE COURT OF THE JUDICIAL
MAGISTRATE OF THE FIRST CLASS, KOOTHATTUKULAM
AND MARKED AS EXT.P9.
ANNEXURE A13 A CERTIFIED COPY OF THE RETURN MEMO ISSUED
FROM KARUR VYSYA BANK DATED 29.01.2018
PRODUCED IN C.C. 292/2018 ON THE FILES OF THE
HONOURABLE COURT OF THE JUDICIAL MAGISTRATE OF
THE FIRST CLASS, KOOTHATTUKULAM AND MARKED AS
EXT.D1
ANNEXURE A14 A CERTIFIED COPY OF THE SALE DEED PRODUCED IN
C.C. 292/2018 DATED 31.10.2017 ON THE FILES OF
THE HONOURABLE COURT OF THE JUDICIAL
MAGISTRATE OF THE FIRST CLASS, KOOTHATTUKULAM
AND MARKED AS EXT.D2.
ANNEXURE A15 A CERTIFIED COPY OF THE PETITION FILED IN
I.P.No.01/2018 ON THE FILES OF THE HONOURABLE
SUB COURT, KOTTAYAM PRODUCED IN C.C. 292/2018
ON THE FILES OF THE HONOURABLE COURT OF THE
JUDICIAL MAGISTRATE OF THE FIRST CLASS,
KOOTHATTUKULAM AND MARKED AS EXT.D3.
ANNEXURE A16 A TRUE COPY OF THE ORDER OF THE HONORABLE
COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST
CLASS, KOOTHATTUKULAM IN C.C.292 OF 2018 DATED
10/04/2019
ANNEXURE A17 A CERTIFIED COPY OF THE ORDER OF THE HONORABLE
COURT OF THE ADDITIONAL SESSIONS JUDGE,
MUVATTUPUZHA DATED 08/07/2022 IN CRL. APPEAL
// TRUE COPY //
P.A. TO JUDGE
