Sonu Sisupal vs K.N.Menon on 1 June, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 2066 of 2007()


1. SONU SISUPAL, S/O LATE SISUPAL,
                      ...  Petitioner

                        Vs



1. K.N.MENON, S/O LATE P.K.MENON,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.SAJAN VARGHEESE K.

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :01/06/2007

 O R D E R
                           K.R. UDAYABHANU, J

               =================================

                      CRL. R.P. NO.  2066 OF 2007

               =================================

                 Dated this the 1st  day of  June 2007


                                    O R D E R

The revision petitioner stands convicted for the offence

under Section 138 of the Negotiable Instruments Act and

sentenced to undergo simple imprisonment for three months and

to pay a compensation of Rs. 2,00,000/- and in default to

undergo simple imprisonment for three months.

2. The contention of the revision petitioner is that he had

borrowed an amount of Rs.2,00,000/-, but repaid Rs.1,50,000/-

and has sought six months time to pay the balance amount.

While so in the meantime, the complainant initiated the

proceedings. He has produced Ext.D2, receipt for payment of

Rs.1,50,000/-. On his application, the same was sent for the

opinion of the hand writing expert along with the specimen

signature of the complainant. On examination, the hand writing

expert has opined that the signature in Ext.D2 is not that of the

complainant. In the circumstances, I find that there is no scope

to admit the appeal. The findings of guilt on the part of the

accused is confirmed.

CRL. R.P. NO. 2066/2007 : 2 :

3. All the same, considering the plea of the counsel for the

revision petitioner, the sentence is modified to imprisonment till

the rising of the court . The rest of the sentence is confirmed.

The revision petitioner is granted six months time from today

onwards to pay the amount of compensation. He shall appear

before Judicial First Class Magistrate-III, Palakkad on 01.12.2007

to receive sentence. Non bailable warrant pending if any shall be

kept in abeyance till then.

The Crl.R.P is disposed of accordingly.

K.R. UDAYABHANU, JUDGE.

rv

CRL. R.P. NO. 2066/2007 : 3 :