P. Ashraf Vs. P. Krishna Kumar

P. Ashraf vs P. Krishna Kumar

Type Court Judgment Court Kerala Decided Feb 18, 2014

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https://sooperkanoon.com/case/1128843

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Citation: sooperkanoon.com/1128843
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

P. Ashraf

Respondent

P. Krishna Kumar

Excerpt

.....criminal revision petition is filed by the accused in s.t.c. no.1136 of 2006 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 `2,50,000/-. 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 `2,50,000/- and in default of payment, the accused was sentenced to undergo simple imprisonment for two crl.r.p. no.311 of 2014 :2: months. against that conviction and sentence the accused filed criminal appeal no.272 of 2007 before the sessions court, thalassery, which was allowed in part. the conviction was confirmed and the sentence was modified. the accused was sentenced to undergo simple imprisonment till rising of the court. the compensation passed by the court below and default sentence imposed were maintained. 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 court below. 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 courts below awarded only a reasonable crl.r.p. no.311 of 2014 :3: 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.1136 of 2006 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,.....

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. 311 of 2014 () ------------------------------- CRL.A2722007 of ADDL.SESSIONS COURT,THALASSERY STC11362006 of J.M.F.C.-II, KANNUR REVISION PETITIONER/APPELLANT/ACCUSED: ------------------------------------------------------------------ P. ASHRAF, AGED42YEARS S/O. ABDUL RAHMAN NEAR C.R.C. POTHUJANA VAYANASALA AND GRANDHALAYAM KADAMBERI, P.O. KANOOL, KANNUR DISTRICT. BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENTS/RESPONDENTS: ------------------------------------------ 1. P. KRISHNA KUMAR, AGED57YEARS S/O. KERALA VARMA RAJA, RESIDING AT SUDHA NILAYAM POST CHIRAKKAL, KANNUR DISTRICT.

2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031. R1 BY ADV. SRI.P.U.SHAILAJAN R BY PUBLIC PROSECUTOR, SRI GITHESH R 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.311 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.1136 of 2006 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 `2,50,000/-. 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 `2,50,000/- and in default of payment, the accused was sentenced to undergo simple imprisonment for two Crl.R.P. No.311 of 2014 :2: months. Against that conviction and sentence the accused filed Criminal Appeal No.272 of 2007 before the Sessions Court, Thalassery, which was allowed in part. The conviction was confirmed and the sentence was modified. The accused was sentenced to undergo simple imprisonment till rising of the court. The compensation passed by the court below and default sentence imposed were maintained. 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 court below. 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 courts below awarded only a reasonable Crl.R.P. No.311 of 2014 :3: 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.1136 of 2006 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 P. Ashraf vs P. Krishna Kumar Same Subject Land Acquisition Same Judge Honourable Mr.Justice M.L.Joseph Francis