High Court Kerala High Court

P.Usman vs The State Of Kerala on 24 May, 2007

Kerala High Court
P.Usman vs The State Of Kerala on 24 May, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1804 of 2007()


1. P.USMAN, S/O. AMMAD, AGED 51,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. M/S. ROYAL TIMBERS,

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :24/05/2007

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

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

                               CRL.R.P.No.1804 of 2007

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

                     Dated this the 24th day of May, 2007




                                      O R D E R

The revision petitioner stands convicted for the offence

under Section 138 of the Negotiable Instruments Act and

sentenced, as modified by the appellate court, to imprisonment

till the rising of the court and to pay a compensation of

Rs.50,000/- to the complainant vide Section 357(3) of the Code of

Criminal Procedure and in default, to undergo simple

imprisonment for one month.

2. On a consideration of evidence adduced in the matter,

I find that the concurrent findings of the court below are fully

supported by the evidence adduced in the matter. As noted in the

findings of the court below, revision petitioner/accused did not

have a consistent case. He has not adduced any direct evidence

in the matter. Further, he has also paid a sum of Rs.60,000/-

during the pendency of the proceedings. In the circumstances, I

find no reason to interfere in the findings of the court below.

The conviction and sentence is confirmed.

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

CRRP1804/2007 Page numbers

the revision petitioner, revision petitioner is granted six months’

time from today onwards to pay the amount of compensation. He

shall appear before the Chief Judicial Magistrate Court-

Kozhikode on 24.11.2007 to receive the sentence. Non bailable

warrant, pending, if any shall be kept in abeyance till

24.11.2007.

The criminal revision petition is disposed of as above.

K.R.UDAYABHANU,

JUDGE

csl