Tile: Sasikumar v. Ushadevi.
Decided on October 6, 2023.
Case No. CRL. REV. PET. No. 844 of 2011.
CORUM: THE HON’BLE MR. JUSTICE C.S. DIAS.
Introduction
The single judge bench of Mr. C.S. Dias of Hon’ble Kerala High Court observed in the present case and ordered that on deciding the case under the Section 138 of Negotiable Instrument Act. The courts should follow the law related the offence and should not consider the emotional angle, the accused should be punished according to the procedure of law. In the present case the Hon’ble Court enhanced the fine imposed by the trial court from Rs.25,000.To Rs.1,10,000, and also laid the precedent that the amount should not be exceed to the double of the amount of cheque, the money should be compensated to the complainant.
Facts of the case
The respondent had committed the offence of cheque dishonor under the Section 138 of Negotiable Instrument Act. The revision petition had filed C.C. No. 164/2009 before the Court of Judicial First-Class Magistrate II. The learned Magistrate convicted the accused and sentenced her for one month simple imprisonment and imposed fine of Rs.25,000/-. The appellate Court on impugned judgement upheld the fine imposed by trial court and reduced the sentence to one day.
Court’s observation
The Hon’ble High Court observing the facts and circumstances of the present case orders that the courts in the case of dishonor of cheque should go by the law that is written in the Negotiable Instrument Act. The trial court and Appellate court has given the judgement not according to the law precedent but kept in the mind that the accused is a widow. This court hold that the imprisonment and fine imposed to the accused is flee-bite and grossly inadequate and this court exercise the power of revision and also enhance the imprisonment and fine from Rs.25,000/- to Rs.1,10,000/- and also hold that the fine should be given up-to twice of the amount of the dishonored cheque and should be compensated to the complainant. The Hon’ble High Court relied upon the Judgement given by the Hon’ble Supreme Court of India. In the dishonored cheque related cases such as, Sonam v. State of Kerala, (2013) 11 SCC 382, and State of Punjab v. Prem Sagar, (2008) 7 SCC 550.
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