Crl. R.P. Nos. 120, 122 and 123 of 2017. Case: C.M. Haneefa Vs Sree Balaji Enterprises and Ors.. High Court of Kerala (India)

Case NumberCrl. R.P. Nos. 120, 122 and 123 of 2017
CounselFor Appellant: T.G. Rajendran, Adv.
JudgesAlexander Thomas, J.
IssueCode of Criminal Procedure, 1973 (CrPC) - Section 357(1)(b); Negotiable Instruments Act, 1881 - Sections 118, 138, 139
Judgement DateFebruary 06, 2017
CourtHigh Court of Kerala (India)

Order:

Alexander Thomas, J.

  1. The revision petitioner is the accused in C.C. No. 1070/2015, C.C. No. 1068/2015 and C.C. No. 1069/2015 on the file of the Special Judicial First Class Magistrate's Court (N.I. Cases) Kozhikode, for offence alleged under Sec. 138 of the Negotiable Instruments Act. These 3 summary trial cases have been instituted on the basis of 3 separate complaints in that regard preferred by the 1st respondent (complainant). A joint trial was conducted in these 3 cases and the trial court, as per the common judgment rendered on 27.1.2016 in the above cases has convicted the petitioner for the above offence. In C.C. No. 1070/2016, the accused was sentenced to undergo simple imprisonment for one month and directed to pay fine of Rs. 1,40,000/- and in default thereof, the accused was sentenced to undergo simple imprisonment for further period of one month. In C.C. No. 1068/2015, the accused was sentenced to undergo simple imprisonment for one month and directed to pay fine of Rs. 1,25,000/- and in default thereof, he was sentenced to undergo simple imprisonment for one month. In C.C. No. 1069/2015, he was sentenced to undergo simple imprisonment for one month and to pay fine of Rs. 90,000/- and in default thereof, the accused was sentenced to undergo simple imprisonment for a period of one month. In all these cases, it has been ordered by the trial court that the fine amounts, if realised, shall be paid as compensation under Sec. 357(1)(b) of the Cr.P.C.

  2. Aggrieved by the said conviction and sentence imposed in these cases, the petitioner had preferred Crl. Appeal Nos. 116, 117 and 119 of 2016 before the Sessions Court, Kozhikode. The appellate court as per the impugned judgment dated 26.10.2016 while affirming the above conviction, has modified the sentence by reducing the sentence to simple imprisonment till rising of the court and to pay fine of Rs. 1,40,000/- Rs. 1,25,000/- and Rs. 90,000/- in the above cases and in default thereof, the accused was to undergo simple imprisonment for one month each in these 3 cases and fine amount, if realised, was directed to be given to the complainant as compensation under Sec. 357(1)(b) of the Cr.P.C. It is this conviction and sentence so modified that is under challenge in the instant revision petitions.

  3. Heard Sri T.G. Rajendran, learned counsel appearing for revision petition accused and Sri Saigi Jacob Palatty, learned Prosecutor appearing for R-2 State. In the nature of the order that is proposed to be passed in these revisions, notice to R-1 (complainant) stands dispensed with.

  4. The gist of the prosecution case is that the complainant is a partnership firm doing trade of various...

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