Nalinakshan Nair vs Satheesh Chandran on 26 September, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 192 of 2000()



1. NALINAKSHAN NAIR
                      ...  Petitioner

                        Vs

1. SATHEESH CHANDRAN
                       ...       Respondent

                For Petitioner  :SRI.R.MADANAN PILLAI

                For Respondent  :SRI.SHAIJAN C.GEORGE

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

 Dated :26/09/2007

 O R D E R

J.B. KOSHY, J.

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Crl.R.P. NO. 192 of 2000

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Dated this the 26th day of September, 2007

Order

Petitioner was found guilty for offences

punishable under section 138 of the Negotiable

Instruments Act and he was sentenced to undergo simple

imprisonment for a period of six months. According to

the private complaint filed by the first respondent, on

1.8.1996 the accused issued a cheque drawn on the South

Indian Bank, Attingal Branch for Rs.50,000/-, but, when

it was presented in the bank, it was dishonoured for

insufficiency of funds. After completing the

formalities, criminal complaint was filed. Ext.P1 is the

dishonoured cheque. Ext.P2 is the dishonour slip which

shows that the cheque was dishonoured for insufficiency

of funds. Copy of advocate notice is Ext.P6. Ext.P7 is

the postal delivery note. PW1 proved the complainant’s

case. PW3 bank manager proved dishonour of cheque for

insufficiency of funds. Though it was contended that

Ext.P1 is one of the blank cheques issued by the accused

as security for a loan taken by the complainant, no

evidence was adduced. In the circumstances, trial court

Crl.RP.No.192/2000
: 2 :

convicted him. The above conviction was affirmed by the

Sessions Court. I see no ground to interfere in the

conviction and sentence in revisional jurisdiction. The

court has convicted the accused for six months. I am of

the view that interest of justice will be served if six

months’ imprisonment is reduced as imprisonment for 15

days and award a compensation of Rs.50,000/-. On

realisation of compensation, the compensation shall be

paid to the complainant. Compensation amount ordered can

be realised as provided under section 431 read with

section 421 of the Code of Criminal Procedure.

The criminal revision petition is disposed of

with the above direction affirming the conviction and

modifying the sentence.

J.B.KOSHY
JUDGE

vaa

J.B. KOSHY, J.

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Crl.R.P. No.192/2000

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Order

Dated:26th September, 2007