Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheque – Appellate court’s sentence enhancement impermissible under Section 386(b)(iii) Cr.P.C.
2025 KER 46820 : 2025 KLT OnLine 2224
High Court of Kerala
Hon’ble Mr. Justice P.V. Balakrishnan
Criminal Revision Petition No. 231 of 2017; 27 June 2025
Accused issued a cheque for Rs.5,00,000/- which was dishonoured due to insufficient funds – Statutory notice issued, no response received – Trial court convicted accused, imposed fine of Rs.6,80,000/- – Appellate court upheld conviction but modified sentence to include imprisonment till rising of court and fine with 9% interest – High Court found appellate court’s sentence enhancement impermissible under Section 386(b)(iii) Cr.P.C. – Sentence modified to fine of Rs.6,80,000/- without interest, with default imprisonment of three months – Conviction upheld as accused failed to rebut statutory presumption – Evidence of defence witnesses (DW1 and DW2) not considered due to leading questions – Revision partly allowed.
