High Court Kerala High Court

C.Balakrishnan vs Muhammed on 2 March, 2007

Kerala High Court
C.Balakrishnan vs Muhammed on 2 March, 2007
       

  

  

 
 
  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

                        ---------------------------------------------

                             CRL.R.P.No. 229 of 2007

                         ---------------------------------------------

                    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

CRRP229/2007 Page numbers

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


CRRP229/2007                       Page numbers





                                                         K.R.UDAYABHANU, J













                                                           Crl.R.P.No.929 of 1997


                                                                ORDER












                                                              26th February, 2007




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CRRP229/2007    Page numbers