Nazar K K Vs. K K Razak

Nazar K K vs K K Razak

Type Court Judgment Court Kerala Decided Feb 18, 2014

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https://sooperkanoon.com/case/1128842

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Citation: sooperkanoon.com/1128842
Court: Kerala High Court
Judge: Honourable Mr.Justice M.L.Joseph Francis
Decided On: Feb 18, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Nazar K K

Respondent

K K Razak

Excerpt

.....criminal revision petition is filed by the accused in s.t.c. no.1256 of 2008 on the file of the judicial first class magistrate court -ii, kannur challenging the conviction and sentence imposed on him under section 138 of the negotiable instruments act (in short 'the ni act'). the cheque amount was `25,000/-. the trial court convicted the accused under section 138 of the ni act and he was sentenced to undergo simple imprisonment for three months and to pay a compensation of `25,000/- and in default of payment, the accused was sentenced to undergo simple imprisonment for two months. against that crl.r.p. no.342 of 2014 :2: conviction and sentence the accused filed criminal appeal no.318 of 2010 before the sessions court, thalassery, which was allowed in part. the accused was sentenced to undergo simple imprisonment till rising of the court. the compensation passed by the trial court was remained unaltered and the default sentenced imposed for two months was modified and reduced to one month. against that judgment, the appellant/accused filed this revision petition.2. heard the learned counsel for the revision petitioner and the learned public prosecutor. the learned counsel for the revision petitioner raised the same contentions raised before the trial court and appellate court. both the courts below rejected the contentions by giving cogent reasons. therefore, i find no reason to interfere with the concurrent findings of both the courts below and confirm the conviction under section 138 of the ni act. since the appellate court awarded only a crl.r.p. no.342 of 2014 :3: reasonable sentence, i find no reason to interfere with the sentence also. accordingly this criminal revision petition is dismissed as it is without any merits. six months time is granted to the accused in s.t.c. no.1256 of 2008 on the file of judicial first class magistrate court -ii, kannur to pay the compensation and to surrender before the trial court to undergo imprisonment. sd/- m. l. joseph.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE18H DAY OF FEBRUARY201429TH MAGHA, 1935 Crl.Rev.Pet.No. 342 of 2014 () ------------------------------- CRL.A3182010 of ADDL.SESSIONS COURT,THALASSERY STC12562008 of J.M.F.C.-II, KANNUR REVISION PETITIONER/APPELLANT/ACCUSED:-: ----------------------------------------------------------------- NAZAR K.K., AGED38YEARS S/O.POCKER, RESIDING AT KANIYANKANDY HOUSE IRIKKUR AMSOM DESOM, P.O.IRIKKUR, KANNUR DISTRICT. BY ADV. SRI.C.K.SREEJITH RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE:-: ------------------------------------------------------------------------------- 1. K K RAZAK, AGED52YEARS S/O.MUHAMMED, RESIDING AT KANIKKUL, KUNNUMPURATH HOUSE PERUVALATHUPARAMBA, IRIKKUR, KANNUR - 670 593.

2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031. R BY PUBLIC PROSECUTOR, SMT SEENA RAMAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON1802-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L. JOSEPH FRANCIS J., - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P. No.342 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of February 2014 ORDER

This Criminal revision Petition is filed by the accused in S.T.C. No.1256 of 2008 on the file of the Judicial First Class Magistrate Court -II, Kannur challenging the conviction and sentence imposed on him under Section 138 of the Negotiable Instruments Act (in short 'the NI Act'). The cheque amount was `25,000/-. The trial court convicted the accused under Section 138 of the NI Act and he was sentenced to undergo simple imprisonment for three months and to pay a compensation of `25,000/- and in default of payment, the accused was sentenced to undergo simple imprisonment for two months. Against that Crl.R.P. No.342 of 2014 :2: conviction and sentence the accused filed Criminal Appeal No.318 of 2010 before the Sessions Court, Thalassery, which was allowed in part. The accused was sentenced to undergo simple imprisonment till rising of the court. The compensation passed by the trial court was remained unaltered and the default sentenced imposed for two months was modified and reduced to one month. Against that judgment, the appellant/accused filed this Revision Petition.

2. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor. The learned counsel for the revision petitioner raised the same contentions raised before the trial court and appellate court. Both the courts below rejected the contentions by giving cogent reasons. Therefore, I find no reason to interfere with the concurrent findings of both the courts below and confirm the conviction under Section 138 of the NI Act. Since the appellate court awarded only a Crl.R.P. No.342 of 2014 :3: reasonable sentence, I find no reason to interfere with the sentence also. Accordingly this Criminal Revision Petition is dismissed as it is without any merits. Six months time is granted to the accused in S.T.C. No.1256 of 2008 on the file of Judicial First Class Magistrate Court -II, Kannur to pay the compensation and to surrender before the trial court to undergo imprisonment. Sd/- M. L. JOSEPH FRANCIS, (JUDGE) dl/ // TRUE COPY //

Same Court & Year Kerala · 2014 Same Parties Nazar K K vs K K Razak Same Subject Land Acquisition Same Judge Honourable Mr.Justice M.L.Joseph Francis