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MUHAMMED AZEEZ versus SHAHUL HAMMED

High Court of Kerala

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MUHAMMED AZEEZ v. SHAHUL HAMMED - Crl Rev Pet No. 413 of 2000 [2007] RD-KL 9255 (1 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 413 of 2000()

1. MUHAMMED AZEEZ
... Petitioner

Vs

1. SHAHUL HAMMED
... Respondent

For Petitioner :SRI.A.K.CHINNAN

For Respondent :SMT.JAYASREE MANOJ

The Hon'ble MR. Justice K.R.UDAYABHANU

Dated :01/06/2007

O R D E R

K.R. UDAYABHANU, J


=================================
CRL. R.P. NO. 413 OF 2000
=================================

Dated this the 1st day of June 2007

O R D E R

The revision petitioner is the complainant in the proceedings with respect to the offence under Section 138 of the Negotiable Instruments Act. The grievance of the revision petitioner is that although the accused was found guilty, the sentence awarded is only to pay a fine of Rs.5,000/- and in default to undergo simple imprisonment for three months. The cheque amount was Rs.2,20,000/-

2. The counsel for the revision petitioner has also relied on the decision of the Supreme Court in Suganthi Suresh Kumar v. Jagdeeshan (J T 2002 (1) SC 220/ AIR 2002 (2) SC 681) to the effect that imposing such sentence would defeat the very object of Section 138. Evidently, the sentence imposed by the court below is totally inadequate. In the circumstances, the sentence imposed by the court below is set aside. The conviction is confirmed. The matter is remitted back to the court below to CRL.R.P. NO. 413/2000 : 2 : reconsider the sentence imposed and to impose fresh sentence as per law. The matter is to be posted before the court below on 18.06.2007. The Crl. R.P is disposed of accordingly.

K.R. UDAYABHANU, JUDGE.

rv


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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