IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 138 of 2008()
1. P.G.K.PILLAI, T.C.15/42,
... Petitioner
Vs
1. K.SREEDHARAN NAIR,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :21/01/2008
O R D E R
R. BASANT, J.
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Crl. R.P. No. 138 OF 2008
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Dated this the 21st 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. The cheque is
for an amount of Rs.1,85,000/-. It bears the date 10.6.02. The
petitioner now faces a sentence of imprisonment till rising of
court. He is further directed to pay an amount of
Rs.1,85,000/- (the actual cheque amount) as compensation
under Section 357(3) Cr.P.C. and in default to undergo simple
imprisonment for a period of six months.
2. The petitioner claims to be aggrieved by the
impugned judgments. Called upon to explain the nature of
the challenge, which the petitioner wants to mount against the
impugned concurrent judgment, the learned counsel for the
petitioner does not strain to assail the verdict of guilty and
Crl.R.P.No.138/08
: 2 :
conviction on merits. The learned counsel for the petitioner
prays that some further time may be granted to the petitioner
to raise and pay the amount and thus avoid the default
sentence.
3. I have perused the impugned judgments. The
impugned verdict of guilty and conviction are found to be
absolutely reasonable and unexceptionable. In the absence
of challenge on any specific grounds, it is not necessary for
me to advert to facts in any greater detail.
4. I do not find any merit or grace in the claim for any
long further time to make payment of the actual cheque
amount and avoid the default sentence. From June 2002 the
complainant has been waiting for the redressal of his
grievances. I am not, in these circumstances, satisfied that
the petitioner is entitled for any long further time to make the
payment and avoid the default sentence. But, I am satisfied
that a breathing time till 29.2.08 can be granted to the
petitioner to raise and pay the amount and then avoid the
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default sentence.
5. In the result, this petition is dismissed with the
observations/directions that the petitioner shall have time till
29.2.08 to make the payment and avoid the default sentence.
The sentence shall not be executed till that date. The
petitioner shall appear before the learned Magistrate and his
sureties shall produce him before the learned Magistrate on
or before 1.3.08 for execution of the sentence.
(R.BASANT, JUDGE)
aks