Design Point Builders And Developers And Ors vs State Of Kerala And Ors

The above criminal revision petitions were filed by the accused persons in S.T.No.2885/2012 on the files of the trial court.

The revision petitioners were convicted and sentence passed by the courts below under Section 138 of the Negotiable Instruments Act, (for short

“the N.I. Actâ€​), 1881.

Heard.

The courts below correctly appreciated the oral and documentary evidence and concurrently found that the revision petitioners executed Ext.P6

cheque as contemplated under Section 138 of the N.I.Act and committed the offence under Section 138 of the N.I.Act. No material has been brought

to the notice of this Court to indicate that the appreciation of evidence or the concurrent finding of conviction by the courts below was perverse or

incorrect. In the said circumstances, the concurrent finding of conviction by the courts below under Section 138 of the N.I.Act does not warrant any

interference by this Court.

Considering the facts and circumstances of the case, including the amount covered by Ext.P6 cheque, I am of the view that the sentence awarded

by the appellate court against the second and the third accused, who are the second revision petitioner in Crl.R.P.1371/2015 and the sole revision

petitioner in Crl.R.P.No.9/2016, can be modified and reduced to a fine of Rs.37,500/- (Rupees thirty seven thousand five hundred only) each, with a

default clause for simple imprisonment for one month each, to meet the ends of justice. It is ordered accordingly. If the fine is realised, the entire

amount shall be given to the complainant as compensation under Section 357(1)(b) Cr.P.C.

In the result, these criminal revision petitions stand allowed in part as above.

The revision petitioner is granted four months to pay the fine/compensation as requested by the learned counsel for the revision petitioner.

Needless to state that if the revision petitioners had already deposited any amount before the trial court pursuant to the direction of this Court, the said

amount shall be released to the complainant as part of the compensation.