IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 1798 of 2007(D)
1. C.RADHAKRISHNAN NAIR,
... Petitioner
Vs
1. K.K.GOPI, S/O.UNNI MADHAVA KURUP,
... Respondent
2. STATE OF KERALA, REPRESENTED BY ITS
For Petitioner :SRI.SREEPRAKASH K.NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :01/06/2007
O R D E R
K.R. UDAYABHANU, J
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CRL. R.P. NO. 1798 OF 2007
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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, as modified by the appellate court, to imprisonment
till the rising of the court and to pay a compensation of Rs.
50,000/- vide Section 357(3) Cr.P.C and in default to undergo
simple imprisonment for two months.
2. On a consideration of the evidence adduced in the
matter, the courts below have concurrently found that the
complainant has proved the execution of the cheque and that the
same was dishonoured for want of sufficient funds in the account
of accused/revision petitioner. The rest of the statutory
formalities have also been complied with. I find that the findings
of the courts below are supported by sound reasons. There is no
reason to interfere in the findings of the courts below. The same
are confirmed.
CRL. R.P. NO. 1798/2007 : 2 :
3. All the same, considering the plea of the counsel for the
revision petitioner, the revision petitioner is granted six months
time from today onwards to remit the compensation amount. He
shall appear before Judicial First Class Magistrate-II, Perambra 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. 1798/2007 : 3 :