Loading...

N.K.Ittyavirah vs Haseena Rasheed on 10 June, 2008

Kerala High Court
N.K.Ittyavirah vs Haseena Rasheed on 10 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 1837 of 2008()


1. N.K.ITTYAVIRAH, KATTATHARA HOUSE,
                      ...  Petitioner

                        Vs



1. HASEENA RASHEED, PADIPURACKAL HOUSE
                       ...       Respondent

2. STATE OF KERALA, REP. BY PUBLIC

                For Petitioner  :SRI.M.P.MADHAVANKUTTY

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :10/06/2008

 O R D E R
                         V. RAMKUMAR, J.
                    - - - - - - - - - - - - - - - - -
                   CRL.R.P. No.1837 of 2008
                     - - - - - - - - - - - - - - - -
             Dated this the 10th day of June 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

C.C.No.1313/2004 on the file of the JFCM II (Mobile), Kottayam

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.

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

CRRP 1837 OF 2008 -: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. Having regard to the facts and

circumstances of the case, I am inclined to modify the sentence

imposed on the revision petitioner. In the light of the recent

decision of the Supreme Court in Ettappadan Ahammedkutty

v. E.P. Abdullakoya (2008(1) KLT 851) rendered on

3-8-2007 in Crl. Appeal 1013 of 2007, default sentence

CRRP 1837 OF 2008 -:3:-

cannot be imposed for the enforcement of an order for

compensation under Section 357 (3) Cr.P.C. Accordingly, for the

conviction under Section 138 of the Act the revision petitioner is

sentenced to pay a fine of Rs.62,000/-(Rupees sixty two

thousand only). The said fine shall be paid as compensation

under Section 357 (1) Cr.P.C. The revision petitioner is

permitted either to deposit the said fine amount before the Court

below or directly pay the compensation to the complainant

within six months from today and produce a memo to that effect

before the trial Court in case of direct payment. If he fails to

deposit or pay the said amount within the aforementioned

period, he shall suffer simple imprisonment for three months by

way of default sentence.

In the result, this Revision is disposed of confirming the

conviction entered but modifying the sentence imposed on the

revision petitioner.

V. RAMKUMAR, JUDGE

css/

Leave a Comment

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

Cookies help us deliver our services. By using our services, you agree to our use of cookies. More Information