High CourtsSingle Bench

Santhosh K. vs State Of Kerala And Anr

High Court Of Kerala · Decided on 16 December 2020 · Citation: (2020) 12 KL CK 0288

HON’BLE JUDGES
B. Sudheendra Kumar, J
RESULT
Dismissed
CASE NUMBER
Criminal Revision Petition No. 537 Of 2017

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Judgment

12 paragraphs · 207 words
1.

The revision petitioner was convicted and sentenced by the courts below under Section 138 of the Negotiable Instruments Act (in short, 'the

N.I.Act').

2.

Heard.

3.

The courts below correctly appreciated the oral and documentary evidence and concurrently found that the revision petitioner executed Ext.P2

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. The sentence awarded by the appellate court also does not warrant any interference by this Court.

In the result, this Criminal Revision Petition stands dismissed. However, the revision petitioner is granted six months to pay the compensation as

requested by the learned counsel for the revision petitioner.

Needless to state that, if the revision petitioner had already deposited any amount before the trial court in connection with this case, the said amount

will be released to the complainant as part of the compensation.