IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 229 of 2007()
1. C.BALAKRISHNAN, S/O.GOVINDAN,
... Petitioner
Vs
1. MUHAMMED, S/O.KUTTI ALI,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.JOMMY THARIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :02/03/2007
O R D E R
K.R.UDAYABHANU, J
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CRL.R.P.No. 229 of 2007
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Dated this the 2nd day of March, 2007
ORDER
Revision petitioner stands convicted for the offence under
Section 138 of the Negotiable Instruments Act and sentenced to
undergo simple imprisonment for six months and to pay a
compensation of Rs.75,000/- and in default, to undergo simple
imprisonment for three months. The appellate court modified
the sentence. The imprisonment was limited to the period
already undergone by him and the provision with respect to the
compensation was retained. It is the case for the revision
petition that the signature and entries in Ext. P1 cheque is not
that of the revision petitioner and the courts below did not give
him an opportunity to prove the same. I find that the above
contention has not been raised before the appellate court. It is
seen that revision petitioner/accused has not even sent a reply to
the lawyer notice. On consideration of the judgments of the
court below, I find no reasons to interfere.
2. In the result, the revision petition is dismissed
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affirming conviction and sentence imposed as modified by the
appellate court and the revision petitioner is granted six months’
time to make the payment. He shall appear before J.F.C.M.
Court, Thalassery on 30.8.2007 to receive the sentence.
The Criminal Revision Petition is disposed of as above.
K.R.UDAYABHANU,
JUDGE
csl
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K.R.UDAYABHANU, J
Crl.R.P.No.929 of 1997
ORDER
26th February, 2007
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CRRP229/2007 Page numbers