IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 125 of 2008()
1. DEVESAN.A., S/O.KUTTIKRISHNAN,
... Petitioner
Vs
1. M/S.MALABAR CHIT FUNDS (PVT.) LTD.,
... Respondent
2. STATE OF KERALA, REP. BY
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :18/01/2008
O R D E R
R.BASANT, J
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Crl.R.P.No.125 of 2008
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Dated this the 18th 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. After the appellate modification of the
sentence, the petitioner now faces a sentence of imprisonment
till rising of court. There is a further direction to pay the actual
amount as compensation and in default to undergo S.I for a
period of one month. The cheque is for an amount of Rs.2.2
lakhs. It bears the date 16.06.2004.
2. The courts below concurrently came to the conclusion
that the complainant has succeeded in establishing all ingredients
of the offence punishable under Section 138 of the N.I.Act.
Accordingly they proceeded to pass the impugned concurrent
judgments.
3. Called upon to explain the nature of challenge, which
the petitioner wants to mount against the impugned concurrent
judgments, the learned counsel for the petitioner does not strain
to assail the verdict of guilty and conviction on merits. The
learned counsel only prays that a lenient view may be taken and
the petitioner may be granted some further time to raise and
Crl.R.P.No.125 of 2008 2
make the payment of the compensation amount and thus avoid
the default sentence.
4. The cheque was issued on 16.6.04. Leniency to a fault
has already been shown in the matter of sentence. The plight of
the complainant cannot be ignored or overlooked by this Court. I
do not, in these circumstances, find much merit in the prayer for
any long further period of time to make the payment. However, I
am satisfied that a short breathing time can be granted to the
petitioner to make the payment and avoid the default sentence.
5. In the absence of any contention on merits, it is not
necessary for me to advert to facts in any greater detail in this
order. In the nature of the relief which I propose to grant, it is not
necessary to wait for issue and return of notice to the respondent.
6. In the result, this Crl.R.P is dismissed, but with the
observation/direction that the impugned sentence shall not be
executed till 29.02.08. The petitioner shall have time to make the
payment till then. The petitioner shall appear and his sureties
shall produce him before the learned Magistrate on 01.03.08 for
execution of the impugned sentence hereby imposed.
(R.BASANT, JUDGE)
rtr/-
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