IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 586 of 2000()
1. N.UNNIKRISHNAN
... Petitioner
Vs
1. K.PANKAJAKSHAN
... Respondent
For Petitioner :SRI.PIRAPPANCODE V.S.SUDHIR
For Respondent :SRI.K.B.SURESH
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :27/03/2007
O R D E R
K.R.UDAYABHANU, J
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CRL.R.P.No.586 of 2000
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Dated this the 27th day of March, 2007
O R D E R
The revision petitioner stands convicted for the offence
under Section 138 of the Negotiable Instruments Act and
sentenced to pay a fine of Rs.12,000/- and in default, to undergo
simple imprisonment for three months. It is also ordered that
out of the fine amount, a sum of Rs.10,000/- shall be paid to the
complainant.
2. The prosecution case is that the accused issued
cheque for a sum of Rs.8,000/- towards discharge of liability and
on presentation before the bank, the cheque got dishonoured for
want of funds in the account of the accused and that the lawyer
notice demanding payment was also not responded to. The
evidence adduced in the matter consisted of the testimony of
Pws’ 1 and 2 and Ext. P1 to P5. At the instance of the defence,
DW1 was examined and Ext.D1 reply notice. On consideration of
the evidence adduced in the matter both the courts below have
concurrently found that the accused is guilty of the offence
alleged. The version of the accused that only a sum of Rs.3,500/-
CRRP586/2000 Page numbers
is due to the complainant with respect to the purchase of a lorry
was found not convincing. On a consideration of the evidence
adduced in the matter, I find no reason to interfere in the
findings of the court below being in the relum appreciation of
evidence.
3. In the circumstances, the conviction is confirmed and
the revision petitioner/accused is sentenced to pay a fine of
Rs.10,000/- and the same, if realised, will be paid to PW1, the
complainant.
The revision petition is disposed of as above.
K.R.UDAYABHANU,
JUDGE
csl