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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
ANIVARYA CHITS (P) LTD – Appellant
Versus
UTHAM SUDAM KADAM – Respondent
| Table of Content |
|---|
| 1. conviction under ni act for dishonoring cheques. (Para 1 , 3 , 4) |
| 2. court's reliance on evidence to confirm conviction. (Para 2 , 5 , 7) |
| 3. judicial limits on revisional jurisdiction. (Para 8 , 9) |
| 4. provision of time to pay the confirmed fine. (Para 10 , 11) |
ORDER
The challenge in this Criminal Revision Petition is to the judgment dated 03.02.2024 in Crl.Appeal No.175 of 2022 passed by the Sessions Court, Thalassery, confirming the conviction and the sentence rendered by the Judicial First Class Magistrate Court, Taliparamba, in the common judgment dated 18.07.2022 in STC Nos.1352 & 1353 of 2015.
2. Heard both sides.
3. The revision petitioners are the accused. They have been convicted under Section 138 of the Negotiable instruments Act, 1881 (for short ‘the NI Act’) and sentenced to undergo imprisonment for six months. They were also directed to pay a fine of Rs.3,76,000/-.
4. Respondent No.1/complainant filed a complaint before the Trial Court alleging that the revision petitioners/accused executed two cheques for Rs.94,000/- each. The complainant presented the cheques for encashment. They were dishonoured and returned unpaid for the reason “funds insufficient”.
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