Sanoj vs M/S.Janatha Traders And … on 15 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 107 of 2009()


1. SANOJ, S/O.CHAKKALAKKAL THANKAPPAN,
                      ...  Petitioner

                        Vs



1. M/S.JANATHA TRADERS AND INVESTMENT,
                       ...       Respondent

2. STATE OF KERALA, REP. BY THE PUBLIC

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :15/01/2009

 O R D E R
                   M. SASIDHARAN NAMBIAR,J.

                -------------------------------------------------

                       CRL.R.P.NO.107 OF 2009

               --------------------------------------------------

              Dated this the 15th day of January, 2009


                                O R D E R

Revision petitioner is the accused and first respondent the

complainant in C.C. 792 of 2001 on the file of Judicial First Class

Magistrate-III, Thrissur. Revision petitioner was convicted and

sentenced to imprisonment till rising of Court and pay compensation

of Rs.35,500/- and in default simple imprisonment for three moths.

Revision petitioner challenged the conviction before Sessions Court,

Thrissur in Crl. Appeal 485 of 2005. Learned Additional Sessions

Judge, on reappreciation of evidence, confirmed the conviction and

sentence and dismissed the appeal. It is challenged in the revision.

2. Learned counsel appearing for revision petitioner

submitted that in view of the evidence on record and the concurrent

findings of fact, revision petitioner is not challenging the conviction or

sentence. He may be granted time till 31.3.2009 to pay the

compensation as directed by the Magistrate.

3. On going through the judgments of the Courts below, I

find no reason to interfere with the conviction or the sentence.

Evidence establish that Ext.P1, the dishonoured cheque, was issued

CRRP 107/2009
2

towards the payment of the amount legally due and it was

dishonoured for want of sufficient funds and first respondent had

complied with all the statutory formalities provided under section 138

and 142 of Negotiable Instruments Act. The sentence was only

imprisonment till rising of Court in addition to the compensation. In

such circumstances revision is dismissed. Revision petitioner is

granted time till 31.3.2009 to pay the compensation. Revision

petitioner is directed to appear before the Judicial First Class

Magistrate-III, Thrissur on 1.4.2009.

M. SASIDHARAN NAMBIAR, JUDGE

okb