IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 145 of 2008()
1. K.ABDUL KHADER, AGED 56 YEARS,
... Petitioner
Vs
1. K.ANANDAN, AGED 50 YEARS, S/O. AMBU,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.M.SANTHOSHKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :24/01/2008
O R D E R
R.BASANT, J
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Crl.R.P.No.145 of 2008
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Dated this the 24th day of January, 2008
ORDER
This revision petition is directed against a concurrent verdict
of guilty, conviction and sentence in a prosecution under Section
138 of the N.I Act. The cheque is for an amount of Rs.60,000/-.
It bears the date 27.01.2005. The petitioner faces the sentence
of imprisonment till rising of court and to pay the actual cheque
amount of Rs.60,000/- as compensation and in default to undergo
S.I for a period of three months.
2. Signature in the cheque is admitted. Notice of demand
did not evoke any response. No defence evidence whatsoever
was adduced. In the course of trial, an attempt was made to
advance a contention that the cheque was a blank signed cheque
handed over as security and was not issued for the due discharge
of any legally enforcible debt/liability.
3. The courts below concurrently came to the conclusion
that the complainant has succeeded in establishing all ingredients
of the offence punishable under Section 138 of the N.I.Act.
Accordingly they proceeded to pass the impugned concurrent
judgments.
Crl.R.P.No.145 of 2008 2
4. The learned counsel for the petitioner fairly submits
that he does not want to assail the verdict of guilty, conviction,
sentence or the direction to pay compensation. He only prays
that reasonable further time may be granted to the petitioner to
raise and pay the amount and thus avoid the default sentence.
5. I find absolutely no merit, grace or substance in the
said prayer. Leniency to the extent possible has already been
shown to the petitioner. There is no merit in the petitioner’s
prayer for any long further period of time to raise and pay the
amount and avoid the default sentence. I am however satisfied
that the petitioner can be given a short breathing time till
29.02.08 to make such payment.
6. In the result, this revision petition is dismissed, but
with the observation that the petitioner shall have time till
29.02.08 to raise and pay the amount and avoid the default
sentence. The impugned sentence shall not be executed till that
date. The petitioner shall appear and his sureties shall produce
him before the learned Magistrate on 01.03.08 for execution of
the sentence imposed.
(R.BASANT, JUDGE)
rtr/-
Crl.R.P.No.145 of 2008 3