High Court Kerala High Court

K.Abdul Khader vs K.Anandan on 24 January, 2008

Kerala High Court
K.Abdul Khader vs K.Anandan on 24 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 145 of 2008()


1. K.ABDUL KHADER, AGED 56 YEARS,
                      ...  Petitioner

                        Vs



1. K.ANANDAN, AGED 50 YEARS, S/O. AMBU,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.M.SANTHOSHKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :24/01/2008

 O R D E R
                                  R.BASANT, J

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

                           Crl.R.P.No.145 of 2008

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

                Dated this the 24th day of January, 2008



                                       ORDER

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. The cheque is for an amount of Rs.60,000/-.

It bears the date 27.01.2005. The petitioner faces the sentence

of imprisonment till rising of court and to pay the actual cheque

amount of Rs.60,000/- as compensation and in default to undergo

S.I for a period of three months.

2. Signature in the cheque is admitted. Notice of demand

did not evoke any response. No defence evidence whatsoever

was adduced. In the course of trial, an attempt was made to

advance a contention that the cheque was a blank signed cheque

handed over as security and was not issued for the due discharge

of any legally enforcible debt/liability.

3. 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.

Crl.R.P.No.145 of 2008 2

4. The learned counsel for the petitioner fairly submits

that he does not want to assail the verdict of guilty, conviction,

sentence or the direction to pay compensation. He only prays

that reasonable further time may be granted to the petitioner to

raise and pay the amount and thus avoid the default sentence.

5. I find absolutely no merit, grace or substance in the

said prayer. Leniency to the extent possible has already been

shown to the petitioner. There is no merit in the petitioner’s

prayer for any long further period of time to raise and pay the

amount and avoid the default sentence. I am however satisfied

that the petitioner can be given a short breathing time till

29.02.08 to make such payment.

6. In the result, this revision petition is dismissed, but

with the observation that the petitioner shall have time till

29.02.08 to raise and pay the amount and avoid the default

sentence. The impugned sentence shall not be executed till that

date. The petitioner shall appear and his sureties shall produce

him before the learned Magistrate on 01.03.08 for execution of

the sentence imposed.

(R.BASANT, JUDGE)

rtr/-

Crl.R.P.No.145 of 2008 3