Vijayakumar vs Divakaran

Type Court Judgment Court Kerala Decided Feb 29, 2024

~2 min read

https://sooperkanoon.com/case/1295592

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1295592
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Feb 29, 2024
Case Number: Crl.Rev.Pet/695/2023

Parties & Advocates

Appellant / Petitioner

Vijayakumar

Respondent

Divakaran

Excerpt

.....petition having come up for admission on 29.02.2024, the court on the same day delivered the following:orderit is against the concurrent judgments of conviction and the order of sentence the accused/revision petitioner came up.2. it is submitted that the substantivesentence ordered for the deemed offence statutorily created under section 138 of the negotiable instruments act is highly exorbitant and excessive. it comes to one year simple imprisonment. the same will stand modified and set aside by confining the sentence to a fine amount of rs.7,25,000/- (wrongly stated as compensation),in default, to undergo simple imprisonment for three months. on recovery of the fine amount, the same shall be released to the defacto complainant under section 357(1)(b) cr.p.c. the accused shall appear before the trial court within two months from today so as to receive the sentence of fine. the earlier deposit made either under section 143 or under section 148 of the negotiable instruments act shall be adjusted towards the fine amount. the criminal revision petition will stand allowed in part accordingly by modifying the sentence as above. sd/- p.somarajan judge spv appendix of crl.rev.pet 695/2023 petitioner annexures: annexure a 1 true copy of the page noting the defects annexure a 2 certified copy of the judgment dated 16.11.2021 in criminal appeal no. annexure a 3 original certificate dated 22.6.2023 issued by the medical officer, p.h. centre, ezhuvanthiruthi respondents’ annexures: nil //true copy// pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 AGAINST THE ORDER/JUDGMENT IN CRL.A 248/2018 OF ADDITIONAL ST 798/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI
REVISION PETITIONER/APPELLANT/ACCUSED: VIJAYAKUMAR AGED 55 YEARS VIJAYAKUMAR, S/O. KILIYAN, MUKKANATHU PARAMBIL HOUSE, EZHAVATHIRUTHI AMSOM, ERIKKAMANNA DESOM, PONNANI P.O., PONNANI TALUK, MALAPPURAM DISTRICT, PIN - 679577. BY ADVS. SANTHEEP ANKARATH J.RAMKUMAR RESPONDENTS/RESPONDENTS/COMPLAINANT & STATE: 1 DIVAKARAN, AGED 60 YEARS, S/O. KARIYAN, MELETHUMPARAMBIL HOUSE, EASWARAMANGALAM AMSOM DESOM, P.O. EASWARAMANGALAM, PONNANI TALUK, MALAPPURAM DISTRICT, PIN - 679573. 2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682031
R1 BY ADV AHAMED FAZIL E.C. R2 BY ADV.SRI C N PRABHAKARAN, SR. PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

It is against the concurrent judgments of conviction and the order of sentence the accused/revision petitioner came up.

2. It is submitted that the substantive

sentence ordered for the deemed offence statutorily created under Section 138 of the Negotiable Instruments Act is highly exorbitant and excessive. It comes to one year simple imprisonment. The same will stand modified and set aside by confining the sentence to a fine amount of Rs.7,25,000/- (wrongly stated as compensation),in default, to undergo simple imprisonment for three months. On recovery of the fine amount, the same shall be released to the defacto complainant under Section 357(1)(b) Cr.P.C. The accused shall appear before the trial court within two months from today so as to receive the sentence of fine. The earlier deposit made either under Section 143 or under Section 148 of the Negotiable Instruments Act shall be adjusted towards the fine amount. The Criminal Revision Petition will stand allowed in part accordingly by modifying the sentence as above. Sd/- P.SOMARAJAN JUDGE SPV APPENDIX OF CRL.REV.PET 695/2023 PETITIONER ANNEXURES: ANNEXURE A 1 TRUE COPY OF THE PAGE NOTING THE DEFECTS ANNEXURE A 2 CERTIFIED COPY OF THE JUDGMENT DATED 16.11.2021 IN CRIMINAL APPEAL NO. ANNEXURE A 3 ORIGINAL CERTIFICATE DATED 22.6.2023 ISSUED BY THE MEDICAL OFFICER, P.H. CENTRE, EZHUVANTHIRUTHI RESPONDENTS’ ANNEXURES: NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2024 Same Parties Vijayakumar vs Divakaran Same Judge Honourable Mr. Justice P.Somarajan