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of <h1>Revision petition partially allowed, convict confirmed, sentence modified, fine imposed, imprisonment alternative if fine not paid.</h1> <h3>SAJI KUMAR Versus THE TRAVANCORE RURAL DEVELOPMENT PRODUCER COMPANY LTD., STATE OF KERALA</h3> SAJI KUMAR Versus THE TRAVANCORE RURAL DEVELOPMENT PRODUCER COMPANY LTD., STATE OF KERALA - TMI Issues involved:The judgment involves a revision petition challenging the judgment in a case related to the dishonour of a cheque under Section 138 of the Negotiable Instruments Act. The issues include the authority of the complainant to represent the company and the imposition of penalty exceeding the statutory limit.Authority of Complainant:The complainant, a company, alleged that the accused failed to repay a loan and issued a dishonoured cheque. The trial court and appellate court found that the complainant's Chief Officer cum Executive Director had the authority to represent the company based on evidence presented, including various documents supporting the transaction. The challenge to the complainant's authority was deemed meritless.Imposition of Penalty:The trial court imposed a fine exceeding twice the cheque amount and granted interest on the fine amount, which was challenged by the accused. The court noted that while the statutory limit allows for a fine up to twice the cheque amount, interest beyond this limit is not legally permissible. The sentence was modified to ensure it remained within the statutory limit, with the accused being sentenced to a day's imprisonment and a fine of Rs.2,05,220, to be paid as compensation to the complainant. The accused was granted three months to pay the fine amount, with failure resulting in a four-month imprisonment.Conclusion:The revision petition was partially allowed, confirming the conviction but modifying the sentence to align with the statutory limit. The accused was directed to pay the fine within three months, failing which a four-month imprisonment would be imposed. The execution of the sentence was deferred pending compliance, with instructions for the trial court to ensure enforcement if the accused fails to appear.
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