High Court Kerala High Court

P.G.K.Pillai vs K.Sreedharan Nair on 21 January, 2008

Kerala High Court
P.G.K.Pillai vs K.Sreedharan Nair on 21 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 138 of 2008()


1. P.G.K.PILLAI, T.C.15/42,
                      ...  Petitioner

                        Vs



1. K.SREEDHARAN NAIR,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.NAGARAJ NARAYANAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :21/01/2008

 O R D E R
                               R. BASANT, J.


              ````````````````````````````````````````````````````

                      Crl. R.P. No. 138 OF 2008

              ````````````````````````````````````````````````````

             Dated this the 21st day of January, 2008


                                  O R D E R

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.1,85,000/-. It bears the date 10.6.02. The

petitioner now faces a sentence of imprisonment till rising of

court. He is further directed to pay an amount of

Rs.1,85,000/- (the actual cheque amount) as compensation

under Section 357(3) Cr.P.C. and in default to undergo simple

imprisonment for a period of six months.

2. The petitioner claims to be aggrieved by the

impugned judgments. Called upon to explain the nature of

the challenge, which the petitioner wants to mount against the

impugned concurrent judgment, the learned counsel for the

petitioner does not strain to assail the verdict of guilty and

Crl.R.P.No.138/08

: 2 :

conviction on merits. The learned counsel for the petitioner

prays that some further time may be granted to the petitioner

to raise and pay the amount and thus avoid the default

sentence.

3. I have perused the impugned judgments. The

impugned verdict of guilty and conviction are found to be

absolutely reasonable and unexceptionable. In the absence

of challenge on any specific grounds, it is not necessary for

me to advert to facts in any greater detail.

4. I do not find any merit or grace in the claim for any

long further time to make payment of the actual cheque

amount and avoid the default sentence. From June 2002 the

complainant has been waiting for the redressal of his

grievances. I am not, in these circumstances, satisfied that

the petitioner is entitled for any long further time to make the

payment and avoid the default sentence. But, I am satisfied

that a breathing time till 29.2.08 can be granted to the

petitioner to raise and pay the amount and then avoid the

Crl.R.P.No.138/08

: 3 :

default sentence.

5. In the result, this petition is dismissed with the

observations/directions that the petitioner shall have time till

29.2.08 to make the payment and avoid the default sentence.

The sentence shall not be executed till that date. The

petitioner shall appear before the learned Magistrate and his

sureties shall produce him before the learned Magistrate on

or before 1.3.08 for execution of the sentence.

(R.BASANT, JUDGE)

aks