High Court Kerala High Court

Gopalakrishnan Asari vs Vasu on 11 April, 2008

Kerala High Court
Gopalakrishnan Asari vs Vasu on 11 April, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 919 of 1999()



1. GOPALAKRISHNAN ASARI
                      ...  Petitioner

                        Vs

1. VASU
                       ...       Respondent

                For Petitioner  :SRI.M.K.DILEEP KUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :11/04/2008

 O R D E R
                      V.RAMKUMAR, J.
               ======================
                    Crl.R.P. No. 919 of 1999
              =======================
             Dated, this the 11th day of April,2008.

                            O R D E R

In this Revision petition filed under Section 397 read with

Section 401 Cr.P.C. the petitioner who was the accused in S.T.

No. 3598 of 1995 on the file of the Judicial First Class Magistrate,

Chavakkad challenges the conviction entered and the sentence

passed against him for an offence punishable under Section 138

of the Negotiable Instruments Act, 1881 (hereinafter referred to

as ‘the Act’).

2. I heard the learned counsel for the Revision Petitioner

and the learned Public Prosecutor and also the learned counsel

for the complainant.

3. The learned counsel appearing for the Revision

Petitioner re-iterated the contentions in support of the Revision.

The courts below have concurrently held that the cheque in

question was drawn by the petitioner in favour of the

complainant on the drawee bank, that the cheque was validly

presented to the bank, that it was dishonoured for reasons which

CRL.R.P. NO. 919/1999 : 2:

fall under Section 138 of the Act, that the complainant made a

demand for payment by a notice in time in accordance with

clause (b) of the proviso to Section 138 of the Act and that the

Revision Petitioner/accused failed to make the payment within

15 days of receipt of the statutory notice. Both the courts have

considered and rejected the defence set up by the revision

petitioner while entering the above finding. The said finding has

been recorded on an appreciation of the oral and documentary

evidence. I do not find any error, illegality or impropriety in the

finding so recorded concurrently by the courts below. The

conviction was thus rightly entered against the petitioner.

4. What now survives for consideration is the question

as to whether what should be the proper sentence to be imposed

on the revision petitioner. The petitioner has already deposited

the cheque amount of Rs.35,000/-. The cheque was issued in the

year 1995. Having regard to the long passage of 13 years, the

petitioner will have to deposit a further amount of Rs.7,500/-

within one month from today failing which the petitioner shall

undergo simple imprisonment for two months by way of default

CRL.R.P. NO. 919/1999 : 3:

sentence. If the petitioner has already deposited the cheque

amount of Rs.35,000/- and he deposits a further amount of

Rs.7.500/- as ordered above within the time granted, it shall be

treated as fine and the whole fine amount shall be paid to the 1st

respondent/complainant as compensation under Section 357(1)

Cr.P.C. No other sentence is proposed to be imposed on the

revision petitioner.

In the result, this Revision is disposed of confirming the

conviction entered but modifying the sentence imposed on the

revision petitioner.

V. RAMKUMAR, JUDGE.

rv

CRL.R.P. NO. 919/1999 : 4:

V. RAMKUMAR, J

——————————————-

CRL. R.P. NO. 919 of 1999

—————————————-

11th day of April, 2008

ORDER

CRL.R.P. NO. 919/1999 : 5:

V. RAMKUMAR , J.

==========================
Crl.M.A. No. 3594 & 3595 of 2008
in
Crl.R.P. No. 919 of 1999
==========================
Dated this the 11th day of April, 2008.

O R D E R

Crl.M.A. No. 3594/2008

Since the respondent complainant has not entered

appearance in the above Crl.R.P., notice to the 1st respondent is

dispensed with. Having regard to the averments in the affidavit

in support of the petition, the delay is condoned.

V. RAMKUMAR, JUDGE.

CrL.M.A. No. 3595/2008

Heard. Allowed.

CRL.R.P. NO. 919/1999 : 6:

V. RAMKUMAR, JUDGE.

rv