A.J. Zacharias vs K. Chandrasekharan Nair on 20 December, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1909 of 2005()


1. A.J. ZACHARIAS,
                      ...  Petitioner

                        Vs



1. K. CHANDRASEKHARAN NAIR,
                       ...       Respondent

2. THE STATE OF KERALA,

                For Petitioner  :SRI.A.KRISHNAN

                For Respondent  :SRI.K.R.SUNIL

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :20/12/2006

 O R D E R
                          K.P.BALACHANDRAN, J.

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                         Crl.R.P.NO.1909 OF 2005

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              Dated this the 20th day of December 2006


                                        ORDER

The accused convicted for offence under Section 138 of the

N.I. Act and sentenced thereunder to undergo simple

imprisonment for a term of three months and is further directed

to pay an amount of Rs.58,520 by way of compensation to the

complainant under Section 357 (3) Cr.P.C. is the petitioner. He

has filed this revision assailing the concurrent findings and the

conviction entered into by the courts below against him under

Section 138 of the N.I. Act. Counsel for the petitioner submits

probably on being convinced that he is not able to convince this

court that grounds exist to interfere with the concurrent

conviction that this revision need not be considered on merits

and his only prayer is to have the sentence of imprisonment

modified and reduced directing the petitioner to pay

compensation only. The submission is considered favourably.

In the result, while confirming the conviction of the

petitioner for offence under Section 138 of N.I. Act, I modify the

sentence to one of imprisonment for one day till rising of court

Crl.R.P.NO.1909 OF 2005

Page numbers

and also direct him to pay by way of compensation an amount of

Rs.65,000/- to the first respondent/complainant under Section

357 (3) Cr.P.C and in default to undergo simple imprisonment for

three months. The petitioner shall surrender before the Judicial

First Class Magistrate-II, Ernakulam positively within two

months from today to serve the sentence and shall deposit the

entire compensation amount of Rs.65,000/- before that court,

failing which the learned Magistrate shall enforce the default

sentence against the petitioner forthwith.

K.P.BALACHANDRAN, JUDGE

jes