High Court Kerala High Court

K.J.Jance vs M.K.Gireesh on 13 July, 2009

Kerala High Court
K.J.Jance vs M.K.Gireesh on 13 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 2247 of 2009()


1. K.J.JANCE,KALAPPURACKAL HOUSE,MANIPPARA.
                      ...  Petitioner

                        Vs



1. M.K.GIREESH,S/O.NARAYANAN,PROPRIETOR,
                       ...       Respondent

2. STATE OF KERALA,REPRESENTED BY PUBLIC

                For Petitioner  :SRI.V.V.ASOKAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :13/07/2009

 O R D E R
                        THOMAS P.JOSEPH, J.
              = = = = = = = = = = = = = = = = = = = = = = = =
                          CRL. R.P. NO.2247 of 2009
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                   Dated this the 13th day of July,   2009

                                 O R D E R

————–

Notice to respondent No.1 is dispensed with in view of the order I

propose to pass which is not prejudicial to him. Public Prosecutor

takes notice for respondent. No.2.

2. Petitioner faced trial in the court of learned Judicial First

Class Magistrate, Mattannur in C.C. No.305 of 1998 for offence

punishable under Section 138 of the Negotiable Instruments Act.

Learned magistrate found petitioner guilty and sentenced him to

undergo simple imprisonment for six months. Petitioner was directed

to pay compensation of Rs.75,000/-. No default sentence was

provided. Appellate court while confirming conviction modified the

substantive sentence as simple imprisonment till rising of the court

and directed payment of compensation of Rs.80,000/- with a default

sentence of simple imprisonment for one month.

3. According to respondent No.1, petitioner borrowed

Rs.75,000/- from him on 20.9.1997 and for repayment of that amount

issued Ext.P1, cheque dated 20.11.1997. That cheque was

dishonoured for insufficiency of funds which is proved by Exts.P2 and

P3. Service of statutory notice on petitioner is proved by Exts.P4 to P6.

CRL. R.P. No.2247 of 2009

-: 2 :-

Petitioner contended that he had no transaction with respondent No.1.

It is contended that he had a transaction with the brother of

respondent No.1 and a signed blank cheque was given to him as

security and that cheque has been misused. Petitioner did not adduce

evidence or bring out circumstances proving or probabilising that

contention. He did not reply to the notice served on him. There is no

reason to disbelieve the evidence of respondent No.1 regarding the

transaction and due execution of the cheque. Courts below

considered the evidence and found in favour of due execution of the

cheque. There is no reason to interfere with the said finding.

Substantive sentence as modified by the appellate court and direction

for payment of compensation with default sentence also does not

require interference at the instance of petitioner.

4. Counsel for petitioner requested six months’ time to

deposit the compensation. Counsel submits that petitioner is unable

to raise the amount immediately. Considering the circumstances

stated by learned counsel I am inclined to grant time till 30.12.2009

to the petitioner to deposit compensation in the trial court as ordered

by the appellate court.

Resultantly, this revision fails. It is dismissed. Petitioner is

CRL. R.P. No.2247 of 2009

-: 3 :-

granted time till 30.12.2009 to deposit the compensation in the trial

court as ordered by the appellate court.

Petitioner shall appear in the trial court on 31.12.2009 to receive

the sentence. Until then execution of warrant against petitioner will be

kept in abeyance.

THOMAS P.JOSEPH, JUDGE.

vsv