Praveen Kumar vs Kamalaksha

Type Court Judgment Court Kerala Orders Decided Apr 12, 2023

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https://sooperkanoon.com/case/1399166

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Citation: sooperkanoon.com/1399166
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Apr 12, 2023
Case Number: Crl.Rev.Pet/374/2023

Parties & Advocates

Appellant / Petitioner

Praveen Kumar

Respondent

Kamalaksha

Excerpt

.....to make the payment. hence, the complaint was filed.2. the trial court, on appreciation of the evidence and legal contentions, found the revision petitioner guilty and thereupon, -3-convicted and sentenced him to undergo simple imprisonment till rising of the court and to pay fine of rs.1,50,000/-. the appellate court, after detailed consideration of the legal and factual contentions, dismissed the appeal,confirming the finding of guilt and conviction.3. heard, learned counsel for the revision petitioner and learned counsel for the first respondent/complainant.4. in spite of the assertive submission ofthe learned counsel for the revision petitioner, i am not inclined to interfere with the concurrent judgments of the courts below, as i do not find any grave impropriety or illegality warranting such interference. in my opinion, interest of justice would be met by granting the revision petitioner a reasonable time for remitting the fine. in the result, the criminal revision petition is dismissed and the time stipulated for payment -4- of the fine amount of rs.1,50,000/- is extended by a further period of six months from today.if the revision petitioner defaults payment/remittance of the fine amount, he shall undergo simple imprisonment for three months. the revision petitioner shall pay/remit the fine and appear before the trial court for undergoing the imprisonment till rising of the court within the extended period. the amount already deposited at the appellate and revisional stage along with thebalance fine amount shall be released to the complainant/first respondent. sd/- v.g.arun judge scl/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, CRL.REV.PET NO. 374 OF 2023 CC 184/18 DATED 4.4.2019 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT II (ADDITIONAL MUNSIFF), KASARAGOD CRL.APPEAL NO.72/2019 DATED 23.09.2021 OF THE SESSIONS COURT, KASARAGOD. REVISION PETITIONER/S: PRAVEEN KUMAR AGED 46 YEARS S/O RAMANNA, R/AT MANINJA HOUSE, MANJESHWAR POST AND TALUK, KASARAGOD DISTRICT, PIN - 671323 T.B.SHAJIMON GOVINDU P.RENUKADEVI RESPONDENT/S: 1 KAMALAKSHA AGED 37 YEARS S/O BALAKRISHNA, R/AT SHRI ARASU KRIPA NIVAS UDYAWARA, MADA, KUNJATHUR POST, MANJESHWAR TALUK, KASARAGOD DISTRICT, PIN - 671323 2 STATE OF KERALA REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 HEMALATHA BINU GEORGE(K/735/1998) OTHER PRESENT: PP MAYA ANTHARJANAM THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

ORDER

Dated this the 12th day of April, 2023 The revision petitioner is the accused in C.C.No.184 of 2018 of the Judicial First Class Magistrate Court-II, Kasaragod. The case originated from a complaint filed by the first respondent, alleging commission of the offence under Section 138 of the Negotiable Instruments Act. The allegation was that, in discharge of a liability of Rs.1,50,000/-, the revision petitioner issued a cheque, which, on presentation, was dishonoured for insufficiency of funds. Despite issuance of notice demanding payment of the cheque amount, the revision petitioner failed to make the payment. Hence, the complaint was filed.

2. The trial court, on appreciation of the evidence and legal contentions, found the revision petitioner guilty and thereupon, -3-

convicted         and       sentenced       him    to   undergo       simple
imprisonment till              rising of the court and to pay
fine       of    Rs.1,50,000/-.              The    appellate         court,
after       detailed         consideration         of   the        legal    and
factual          contentions,           dismissed            the     appeal,

confirming the finding of guilt and conviction.

3. Heard, learned Counsel for the revision petitioner and learned Counsel for the first respondent/complainant.

4. In spite of the assertive submission of

the learned Counsel for the revision petitioner, I am not inclined to interfere with the concurrent judgments of the courts below, as I do not find any grave impropriety or illegality warranting such interference. In my opinion, interest of justice would be met by granting the revision petitioner a reasonable time for remitting the fine. In the result, the criminal revision petition is dismissed and the time stipulated for payment -4- of the fine amount of Rs.1,50,000/- is extended by a further period of six months from today.

If the revision petitioner defaults payment/remittance of the fine amount, he shall undergo simple imprisonment for three months. The revision petitioner shall pay/remit the fine and appear before the trial court for undergoing the imprisonment till rising of the court within the extended period. The amount already deposited at the appellate and revisional stage along with the

balance fine amount shall be released to the complainant/first respondent. Sd/- V.G.ARUN JUDGE Scl/

Same Court & Year Kerala Orders · 2023 Same Parties Praveen Kumar vs Kamalaksha Same Judge Honourable Mr.Justice V.G.Arun