A 3-judges bench comprising of Main Justice Dipak Misra, Justice A.M. Khanwilkar and Justice Dr. D.Y. Chandrachud entertained a Distinctive Depart Petition [SLP], for environment apart the punishment for dishonor of Cheque beneath Portion 138 of Negotiable Devices Act, 1881. The appellant was sentenced by the Judicial First Class Magistrate- II, Ottappalam in 2010 to undertake simple imprisonment for 3 months and to pay a payment of Rs. 2,45,000/- to the complainant beneath Portion 357(3) of the Code of Criminal Procedure, 1973. The convicted (appellant) moved to Court of More Session Decide, Palakkad Division at Ottapalam for environment apart the order of the sentence which was dismissed on 5th August, 2011. A Criminal Revision Petition was filed in the Significant Court of Kerala at Eranakulam by the appellant on 10th February, 2012. The Significant Court of Kerala confirmed the order of the sentence order by the lessen court docket.
The appellant deposited the added volume of Rs. 1,00,000 by the order of the Supreme Court in the month of January this 12 months. The Hon’ble Supreme Court appreciated the truth that appellant complied to all the instructions of the court docket and taking the overview of the make any difference, the order of the imprisonment was modified in lieu of the added payment of Rs. 1,00,000 already deposited by the appellant.
Even so, the SC is completely ready to re-consider the make any difference if the complainant is not satisfied with the judgment.
Read the total judgment: P. Ramadas v Point out of Kerala and Many others, http://www.supremecourtofindia.nic.in/supremecourt/2012/20500/20500_2012_Judgement_19-Feb-2018.pdf
Apoorva Sinha is now pursuing regulation from College of Law, College of Petroleum and Power Scientific tests, Dehradun. She likes to investigation and publish on socio-legal challenges. She has interned at various regulation companies, Significant Court and District Court. She has participated at various national degree competitions. She has also attended intercontinental conferences and printed papers. She has also conducted an Intercontinental Essay Creating levels of competition in her college or university in collaboration with Surana and Surana.