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A.K.VIJAYAN versus T.VIJAYAN

High Court of Kerala

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A.K.VIJAYAN v. T.VIJAYAN - Crl Rev Pet No. 1058 of 2000 [2007] RD-KL 14233 (27 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1058 of 2000()

1. A.K.VIJAYAN
... Petitioner

Vs

1. T.VIJAYAN
... Respondent

For Petitioner :SRI.O.V.MANIPRASAD

For Respondent :SRI.BABU JOSEPH KURUVATHAZHA

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

Dated :27/07/2007

O R D E R

J.B. KOSHY, J.

CRL.R.P.No. 1058 of 2000

Dated this the 27th day of July, 2007

Order Petitioner filed a complaint under section 138 of the Negotiable Instruments Act against the first respondent alleging that the accused borrowed an amount of Rs.50,000/= from the complainant on 13.6.1995 promising to repay the same with interest at the rate of 18% per annum. The cheque was dishonoured and complaint was filed after complying with the legal formalities. The trial court found that the complainant has proved the case beyond reasonable doubt. The cheque was issued for a legally enforceable debt and cheque was dishonoured for insufficiency of funds. All the statutory formalities were complied with before filing the complaint. The accused was sentenced to undergo simple imprisonment for two months and also to pay a fine of Rs.50,000/- and, in default of payment of fine, imprisonment for one month. In appeal, conviction was confirmed. However, sentence was modified and imprisonment was set aside and petitioner was sentenced to pay a fine of Rs.5,000/- and in default of payment of fine to undergo simple Crl.R.P.No.1058/2000 2 imprisonment for one month. In other words, the accused can escape by paying Rs.5,000/- when he has executed cheque for Rs.50,000/-. This was not the intended punishment that is required in a cheque dishonour case. I am of opinion that it is a case where sentence is to be interfered in revision. Therefore, sentence is modified. First respondent accused is sentenced to undergo simple imprisonment of one month and to deposit compensation of Rs.55,000/-. If compensation is not paid within two months, there shall be a default sentence of three months. If compensation is realised, Rs.50,000/- shall be paid to the complainant. The Criminal revision petition is allowed to the above extent. J.B.KOSHY

JUDGE

vaa Crl.R.P.No.1058/2000 3

J.B. KOSHY, J.

Crl.R.P.NO.1058/2000 Order

Dated:27th July, 2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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