Balakrishnan vs R.Manikandan on 10 March, 2011

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Kerala High Court

Balakrishnan vs R.Manikandan on 10 March, 2011

Bench: V.K.Mohanan

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 726 of 2011()


1. BALAKRISHNAN, S/O.LATE RAMAKRISHNAN,
                      ...  Petitioner

                        Vs



1. R.MANIKANDAN, S/O.LATE RANGAYYA GOUNDER,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.RAJESH SIVARAMANKUTTY

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.K.MOHANAN

 Dated :10/03/2011

 O R D E R
                         V.K.MOHANAN, J.
                ---------------------------------------------
                       Crl.R.P.No. 726 of 2011
                ---------------------------------------------
                Dated this the 10th day of March, 2011

                               O R D E R

The accused in a prosecution for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') approached this Court by preferring the above revision petition challenging his conviction and sentence, imposed as per judgments of the trial court as well as the lower appellate court.

2. As this Court is not inclined to interfere with the order of conviction, learned counsel for the revision petitioner submitted that some breathing time may be granted to the revision petitioner to pay the fine amount. Having regard to the facts and circumstances involved in the case, I am of the view that the petitioner can be granted three months time pay the fine, but the fine amount can be enhanced to the tune of `.51,000/- considering the fact that the cheque in question pertains to the year 2007 and there is no substantial sentence.

Crl.R.PNO.726 of 2011 :-2-:

In the result, this Criminal Revision Petition is disposed of confirming the conviction of the revision petitioner under Section 138 of the N.I.Act as recorded by the courts below. Accordingly, while confirming the sentence of fine ordered by the appellate court, the fine amount is enhanced and accordingly, the revision petitioner is directed to deposit a sum of `.51,000/- (Rupees Fifty One Thousand only) in the trial court within three months from today. In default, the revision petitioner is directed to undergo simple imprisonment for a period of one month. On realisation of the fine amount, a sum of `.50,000/- shall be paid to the complainant as compensation under Section 357(1)

(b) of the Cr.P.C. and the remaining amount shall be deposited in the State Exchequer. Accordingly, the revision petitioner is directed to deposit the above enhanced fine amount on or before 9th June, 2011.

In case of any failure on the part of the revision petitioner in making the deposit of fine amount on or before the above date, the trial court is free to take coercive steps to secure the presence of the revision Crl.R.PNO.726 of 2011 :-3-:

petitioner and to execute the sentence. Coercive steps, if any, pending against the revision petitioner shall be deferred till 9th June,2011.

V.K.MOHANAN, Judge.

MBS/

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