IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 820 of 1998()
1. JAMAL
... Petitioner
Vs
1. NALAKATH VADUVINGAL BHASHEER
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :18/07/2007
O R D E R
K.R. UDAYABHANU, J.
CRL.R.P.NO.820 of 1998
Dated , 18th July, 2007.
order
The revision petitioner stands convicted for the offence
under section 138 N.I Act and sentenced to undergo simple
imprisonment for one month and to pay a compensation of
Rs.40,000/- to the complainant vide section 357(3) Cr.P.C and in
default to undergo simple imprisonment for three months.
2. The prosecution case is that the accused borrowed a
sum of Rs.40,000/- from the complainant and issued the
impugned cheque which when presented got dishonoured for
want of funds in the account of the accused. Lawyer notice sent
was not replied to nor was the amount repaid.
3. The evidence adduced in the matter consisted of the
testimony of PWs 1 to 3 and Exts.P1 to P7. PW-1 is the
complainant. He has proved the execution of the cheque. PWs
2 and 3, the bank managers, have proved the fact that the
account of the accused did not contain sufficient cash to honour
the cheque. No rebuttal evidence was adduced.
CRRP 820/98 2
4. In the circumstances and in view of the concurrent
findings of the courts below, I find no reason to interfere in the
findings of the courts below. The conviction is confirmed.
5. Considering the plea of the counsel for the revision
petitioner, the sentence is modified to imprisonment till the
rising of the court. Rest of the sentence is confirmed. Revision
petitioner is granted two months time from today onwards to
pay the amount. The revision petitioner shall appear before the
JFCM, Chavakkad on 25-9-2007 to receive the sentence.
The Crl.R.P is disposed of accordingly.
(K.R.UDAYABHANU)
JUDGE.
Kvm/-
CRRP 820/98 3
K.R.UDAYABHANU, J.
CRL.A.NO. 820 OF 1998
JUDGMENT
18-7-2007.
CRRP 820/98 4
