High Court Kerala High Court

Suseelan vs Vijayan on 30 July, 2007

Kerala High Court
Suseelan vs Vijayan on 30 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 424 of 2000()



1. SUSEELAN
                      ...  Petitioner

                        Vs

1. VIJAYAN
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :SRI.JOSE K.KOCHUPAPPU

The Hon'ble MR. Justice J.B.KOSHY

 Dated :30/07/2007

 O R D E R
                        J.B.KOSHY, J.
                  -------------------------
                   Crl.R.P.No.424 OF 2000
                  -------------------------
                    Dated 30th July, 2007

                            ORDER

First respondent approached the Magistrate’s Court

complaining that the cheque issued by the revision petitioner

for Rs.31,200/= for discharging a legally enforceable debt

and the cheque was dishonoured for insufficiency of funds.

After completing the legal formalities, the complainant

approached the Magistrate’s Court. The allegations in the

petition were proved by examining the complainant and Branch

Manager of the Bank. It was proved that the cheque issued by

the revision petitioner was dishonoured for insufficiency of

funds. All the ingredients of Section 138 of the Negotiable

Instruments Act are satisfied. The Magistrate’s Court

convicted and sentenced him to undergo simple imprisonment

for three months and to pay a fine of Rs.5,000/=. In appeal,

even though conviction was confirmed, sentence was modified

and he was sentenced to undergo imprisonment till rising of

the court and to pay a compensation of Rs.35,000/= under

Section 357(3) of the Code of Criminal Procedure. There was

a further direction to pay Rs.32,500/= to the complainant as

compensation. The only submission made is that notice was

return unclaimed and it was received back only on 15.5.96 and

if time is computed, it is premature by one day. It has been

Crl.R.P.424/2000 2

held by the Apex Court that, that cannot be a reason for

throwing out a complaint. Even if that point is accepted,

at the maximum numbering of the complaint can be made after

the expiry of time. Apart from that, trial court correctly

mentioned that cheque was returned on 15.5.96 and then the

complaint is filed in time also. I see no ground to

interfere with the conviction and sentence. This order is

certified to the trial court for implementation.

The revision petition is dismissed.

J.B.KOSHY
Judge

tks