High Court Kerala High Court

M/S.Geetha Medicals vs K.B.Vishnudas on 4 April, 2007

Kerala High Court
M/S.Geetha Medicals vs K.B.Vishnudas on 4 April, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1483 of 2007()


1. M/S.GEETHA MEDICALS, OPPOSITE HEAD
                      ...  Petitioner
2. REMADEVI, WIFE OF P.JAYAMOHAN,

                        Vs



1. K.B.VISHNUDAS, SON OF LATE BALAGUPTHAN,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.V.G.ARUN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :04/04/2007

 O R D E R
                            K.R.UDAYABHANU, J

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

                           CRL.R.P.No.1483 of 2007

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

                   Dated this the 4th day of April, 2007






                                    O R D E R

The revision petitioners stand convicted for the offence

under Section 138 of the Negotiable Instruments Act and

sentenced as follows: the first accused to pay fine of Rs.1,000/-,

the second accused to pay fine of Rs.85,000/- and in default, to

undergo simple imprisonment for three months. The fine

amount, if realised is to be paid to the complainant as

compensation vide Section 357(i)(b) of the Code of Criminal

Procedure.

2. The counsel for the revision petitioners has only

sought for time to make the payment. It is the contention of the

revision petitioners that it was the third accused, the husband of

the second accused who was managing the first accused firm and

that he mismanaged and absconded later. The revision petitioner

was not at all involved in the transaction. In view of the evidence

adduced in the matter, which is one sided, I find that there is no

scope for interference.

CRRP1483/2007 Page numbers

3. All the same, considering the plea of the counsel for

the revision petitioners, revision petitioners are granted six

months’ time from today onwards to pay the amount of

compensation. The second revision petitioner shall appear

before the Chief Judicial Magistrate Court, Palakkad on

4.10.2007 to receive the sentence.

The criminal revision petition is disposed of as above.

K.R.UDAYABHANU,

JUDGE

csl