IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 1804 of 2007()
1. P.USMAN, S/O. AMMAD, AGED 51,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. M/S. ROYAL TIMBERS,
For Petitioner :SRI.R.T.PRADEEP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :24/05/2007
O R D E R
K.R.UDAYABHANU, J
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CRL.R.P.No.1804 of 2007
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Dated this the 24th day of May, 2007
O R D E R
The revision petitioner stands convicted for the offence
under Section 138 of the Negotiable Instruments Act and
sentenced, as modified by the appellate court, to imprisonment
till the rising of the court and to pay a compensation of
Rs.50,000/- to the complainant vide Section 357(3) of the Code of
Criminal Procedure and in default, to undergo simple
imprisonment for one month.
2. On a consideration of evidence adduced in the matter,
I find that the concurrent findings of the court below are fully
supported by the evidence adduced in the matter. As noted in the
findings of the court below, revision petitioner/accused did not
have a consistent case. He has not adduced any direct evidence
in the matter. Further, he has also paid a sum of Rs.60,000/-
during the pendency of the proceedings. In the circumstances, I
find no reason to interfere in the findings of the court below.
The conviction and sentence is confirmed.
3. All the same considering the plea of the counsel for
CRRP1804/2007 Page numbers
the revision petitioner, revision petitioner is granted six months’
time from today onwards to pay the amount of compensation. He
shall appear before the Chief Judicial Magistrate Court-
Kozhikode on 24.11.2007 to receive the sentence. Non bailable
warrant, pending, if any shall be kept in abeyance till
24.11.2007.
The criminal revision petition is disposed of as above.
K.R.UDAYABHANU,
JUDGE
csl