High Court Kerala High Court

Gopakumar vs Chloroplast on 30 September, 2009

Kerala High Court
Gopakumar vs Chloroplast on 30 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2978 of 2009()


1. GOPAKUMAR, S/O.SREEDHARAN PILLAI,
                      ...  Petitioner

                        Vs



1. CHLOROPLAST, AKANAD KARA,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.VINOD VALLIKAPPAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :30/09/2009

 O R D E R
                    P.S.GOPINATHAN, J.

                 = = = = = = = = = = = = =
                   Crl.R.P.No.2978 of 2009.
                 = = = = = = = = = = = = =

         Dated this the 30th day of September, 2009.

                        O R D E R

The revision petitioner is the accused in

ST.No.1859/2003 on the file of the Judicial Magistrate of the

First Class, Perumbavoor. The first respondent herein

prosecuted the revision petitioner alleging offence under

Section 138 of the Negotiable Instruments Act. After due

trial, the learned Magistrate arrived a conclusion of guilt.

Consequently, the revision petitioner was convicted under

Sec.138 of the Negotiable Instruments Act and sentenced to

undergo simple imprisonment for one month with direction

to pay Rs.10,268/- as compensation to the first respondent

under Sec.357(3) Criminal Procedure Code.

2. In appeal, the conviction was confirmed. The

substantive sentence was reduced to simple imprisonment

for 15 days. The order to pay compensation was confirmed.

Assailing the legality, correctness and propriety of the

Crl.R.P.No.2978 of 2009.

-: 2 :-

above conviction and sentence as modified in appeal, this

revision petition was filed.

3. Having heard either side and perusing the

judgments of the courts below, I find that the first

respondent who was examined as Pw1 supported by Exts.P1

to P9 had succeeded to establish that the revision petitioner

owed a sum of Rs.10,268/- to the first respondent and in

discharge of the said liability Ext.P2 series, one cheque for

Rs.5,268/- and another for Rs.5,000/- were issued and that

when Ext.P2 series cheques were sent for collection, those

were returned bounced for insufficient funds as evidenced

by Exts.P3 and P4 series of memos. Though the first

respondent caused a lawyer notice, copy of which is marked

as Ext.P5 demanding discharge of liability and it was

acknowledged by the revision petitioner as evidenced by

Ext.P6, the liability was not discharged. The courts below

had correctly appreciated the evidence, I find that the

conviction entered into by the courts below is based upon

Crl.R.P.No.2978 of 2009.

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supporting evidence and requires no interference.

4. According to the learned counsel, the revision

petitioner was a business man and because of the failure in

his business he has to face the prosecution and that the

revision petitioner would pay the compensation amount.

Taking note of the above circumstance, I find that the

revision petitioner is entitled to leniency in sentence and

that a sentence of imprisonment till rising of the court

would meet the ends of justice. The order to pay

compensation to the first respondent with default clause is

confirmed. The revision petitioner is granted two months

time for payment of the compensation. Till payment of

compensation, the bond executed by him would remain in

force. The lower court see the execution of sentence after

the period granted and report compliance.

P.S.GOPINATHAN, JUDGE.

Kvs/-