Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2014 Supreme(Ker) 906

K.RAMAKRISHNAN
Sugunan – Appellant
Versus
Thulaseedharan – Respondent

Advocates Appeared:
For the Petitioner:C.R. Vijayakumaran Pillai, R. Santosh (Varkala), S.V. Haritha, Advocates.
For the Respondents: Harish Gopinath, Seena Ramakrishnan, Public Prosecutor.

Judgement Key Points

Key Points: - (!) - (!) - (!)

What is the effect of the issuance and execution of the cheque under Section 138 of the Negotiable Instruments Act when a defense claims prior blank signed cheques were given abroad?

What are the court’s conclusions on the sufficiency of evidence to prove the execution and delivery of the cheque and the resulting conviction under Section 138?

What is the appropriate sentencing modification in a Section 138 case considering the accused’s age, health, and the possibility of compensation from fine, as per the cited precedents?

ORDER :

K. Ramakrishnan, J.

1. Accused in C.C.No.572/2007 on the file of the Judicial First Class Magistrate Court, Paravoor, is the revision petitioner herein. The case was taken on file on the basis of a private complaint filed by the first respondent against the revision petitioner, alleging commission of the offence under Section 138 of the Negotiable Instruments Act (hereinafter called 'the Act').

2. The case of the complainant in the complaint was that, revision petitioner borrowed a sum of Rs.3,00,000/- on 10.05.2007 and in discharge of that liability, he had issued Ext.P1 cheque. The cheque when presented was dishonoured for the reason funds insufficient' vide Ext. P2 dishonour memo and the same was intimated to the complainant by his banker vide Ext.P3 intimation letter. The complainant issued Ext.P4 notice vide Ext.P5 postal receipt and the same was received by the revision petitioner evidenced by Ext.P6 postal acknowledgement. The revision petitioner had not paid the amount and he had committed the offence punishable under Section 138 of the Negotiable Instruments Act and hence the complaint.

3. When the revision petitioner appeared before the court below, the particulars of

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2014 Supreme(Ker) 906

K.RAMAKRISHNANSugunan – AppellantVersusThulaseedharan – Respondent

What is the effect of the issuance and execution of the cheque under Section 138 of the Negotiable Instruments Act when a defense claims prior blank signed cheques were given abroad?

What are the court’s conclusions on the sufficiency of evidence to prove the execution and delivery of the cheque and the resulting conviction under Section 138?

What is the appropriate sentencing modification in a Section 138 case considering the accused’s age, health, and the possibility of compensation from fine, as per the cited precedents?

Cases Referred (8)

K.RAMAKRISHNAN
Sugunan – Appellant
Versus
Thulaseedharan – Respondent