High Court Kerala High Court

S.Susgathan vs Vaidyanadhan on 24 September, 2008

Kerala High Court
S.Susgathan vs Vaidyanadhan on 24 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 159 of 2000()



1. S.SUSGATHAN
                      ...  Petitioner

                        Vs

1. VAIDYANADHAN
                       ...       Respondent

                For Petitioner  :SRI.P.CHANDRASEKHAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :24/09/2008

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                    -------------------------------------------
                       Crl.R.P.No.159 OF 2000
                    -------------------------------------------
           Dated this the 24th day of September, 2008


                                 O R D E R

The revision petitioner stands convicted and sentenced for

offence punishable under Section 138 of the Negotiable

Instruments Act on the allegation that he issued a cheque for

Rs.75,000/- to the complainant for the discharge of a legally

enforceable debt and that on presentation, that cheque was

dishonoured due to insufficiency of fund and that on notice of

intimation of such dishonour, the accused did not pay the

amount covered by the cheque. The sentence imposed on him by

the court of first instance was modified by the court of session by

reducing the sentence of imprisonment to be for 3 months.

2. The court of first instance heard the version of the

complainant as PW1 and the Manager of the Bank as PW2.

Exts.P1 to P4 were taken on record which include the cheque,

notice of return and other relevant materials in terms of the

statutory provision. The defence version projected under

Crl.RP.159/00

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Section 313 Cr.P.C. was that the cheque was issued as a security

for the amount borrowed under the promissory note. But no

material was brought out to prove it. I do not find any error or

illegality in the appreciation of evidence, in the resultant

findings of the courts below and in the orders holding the

petitioner guilty. However, having regard to the nature of the

transaction, the sentence calls for interference.

In the result, in modification of the sentence imposed by

the courts below, it is ordered that:

(i) The revision is allowed in part.

(ii) The finding of guilt and the conviction are confirmed.

(iii) The sentence imposed by the courts below on the

revision petitioner is vacated. In supersession thereof, the

revision petitioner/accused is sentenced:

(a) to undergo imprisonment till rising of the

court, for a day;

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(b) to pay fine of Rs.5,000/- and in default of

that, to suffer simple imprisonment for 15 days; and

(c) to pay compensation of Rs.95,000/- to the

complainant. Any amount already deposited in terms

of the interim orders will be given due credit to

against the compensation.

(d) Fine, on recovery, is to be released to the

complainant as compensation.

The learned Magistrate shall take necessary steps for

execution of the modified sentence hereby imposed. The revision

petitioner shall appear and his sureties shall produce him before

the Judicial Magistrate of First Class, Chittur on 28-11-2008 to

suffer the sentence, with proof of having satisfied the payment of

compensation. Needless to say, the learned Magistrate shall take

necessary action against the revision petitioner and his sureties

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under Section 446 Crl.P.C., if he does not appear as directed

above.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.

Crl.RP.159/00

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THOTTATHIL B. RADHAKRISHNAN, J

Crl.R.P.No.159/00

O R D E R

24TH SEPTEMBER, 2008.

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