Abdul Hakkim Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1128838
CourtKerala High Court
Decided OnFeb-18-2014
JudgeHONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
AppellantAbdul Hakkim
RespondentState of Kerala
Excerpt:
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. 305 of 2014 () ------------------------------- crl.a4512011 of addl. sessions court - iv, palakkad stc15782008 of j.m.f.c.-i,palakkad revision petitioner/appellant: --------------------------------------------------- abdul hakkim, s/o.hamzappa, aged36years488, chandapurayil, kuzhalmannam alathur, palakkad by adv. sri.p.k.mohanan(palakkad) respondents/state & complainant: ------------------------------------------------------ 1. state of kerala represented by public prosecutor high court of kerala, ernakulam-682 031.2. siraj, s/o.saithumuhammed, aged65years thaj manzil, bangle street p.o.pudunagaram chittur taluk, palakkad district pin-678 503. 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.305 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - dated this the 18th day of february 2014 order this criminal revision petition is filed by the accused in s.t. no.1578 of 2008 on the file of the judicial first class magistrate court -i, palakkad 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 `1,25,000/-. the trial court convicted the accused under section 138 of the ni act and he was sentenced to undergo simple imprisonment for two months and to pay a compensation of `1,25,000/- and in default of payment, the accused was sentenced to undergo simple imprisonment for two crl.r.p. no.305 of 2014 :2: months. against that conviction and sentence the accused filed criminal appeal no.451 of 2011 before the sessions court, palakkad, which was partly allowed. the conviction was confirmed and the sentence was modified sentencing the accused to undergo imprisonment till rising of court and to pay a compensation of `1,25,000/- in default to undergo simple imprisonment for three months. 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 reasonable crl.r.p. no.305 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. twelve months time is granted to the accused in s.t. no.1578 of 2008 on the file of judicial first class magistrate court -i, palakkad to pay the compensation and to surrender before the trial court to undergo imprisonment. sd/- m. l. joseph francis, (judge) dl/ // true copy //
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. 305 of 2014 () ------------------------------- CRL.A4512011 of ADDL. SESSIONS COURT - IV, PALAKKAD STC15782008 of J.M.F.C.-I,PALAKKAD REVISION PETITIONER/APPELLANT: --------------------------------------------------- ABDUL HAKKIM, S/O.HAMZAPPA, AGED36YEARS488, CHANDAPURAYIL, KUZHALMANNAM ALATHUR, PALAKKAD BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENTS/STATE & COMPLAINANT: ------------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. SIRAJ, S/O.SAITHUMUHAMMED, AGED65YEARS THAJ MANZIL, BANGLE STREET P.O.PUDUNAGARAM CHITTUR TALUK, PALAKKAD DISTRICT PIN-678 503. 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.305 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of February 2014 ORDER

This Criminal revision Petition is filed by the accused in S.T. No.1578 of 2008 on the file of the Judicial First Class Magistrate Court -I, Palakkad 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 `1,25,000/-. The trial court convicted the accused under Section 138 of the NI Act and he was sentenced to undergo simple imprisonment for two months and to pay a compensation of `1,25,000/- and in default of payment, the accused was sentenced to undergo simple imprisonment for two Crl.R.P. No.305 of 2014 :2: months. Against that conviction and sentence the accused filed Criminal Appeal No.451 of 2011 before the Sessions Court, Palakkad, which was partly allowed. The conviction was confirmed and the sentence was modified sentencing the accused to undergo imprisonment till rising of court and to pay a compensation of `1,25,000/- in default to undergo simple imprisonment for three months. 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 reasonable Crl.R.P. No.305 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. Twelve months time is granted to the accused in S.T. No.1578 of 2008 on the file of Judicial First Class Magistrate Court -I, Palakkad to pay the compensation and to surrender before the trial court to undergo imprisonment. Sd/- M. L. JOSEPH FRANCIS, (JUDGE) dl/ // TRUE COPY //