IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 2273 of 2003()
1. PUTHUKUDI ABDURAHIMAN @
... Petitioner
Vs
1. P.K.VIJAYAN, S/O.GOVINDAN,
... Respondent
2. THE STATE OF KERALA,
For Petitioner :SRI.SUNNY MATHEW
For Respondent :SRI.C.D.SHAJU
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :15/02/2007
O R D E R
K.R. UDAYABHANU, J.
CRL.R.P.NO.2273 of 2003-A
DATED THIS THE 15TH DAY OF FEBRUARY 2007
ORDER
The revision petitioner stands convicted for the offence under
Section 138 of the Negotiable Instruments Act and sentenced to
undergo simple imprisonment for six months and to pay fine of
Rs.5,000/- and in default to undergo simple imprisonment for two
months. The case of the complainant is that two cheques for
Rs.25,000/-each dated 15-2-1997 and 5-3-1997 issued towards the
discharge of liability were dishonoured for want of funds in the account
of the accused. The contention raised before the courts below was
that notice was not served and hence the mandatory statutory
formalities under Section 138 has not been complied with. It is the
case of the complainant that the amount was borrowed by the accused
and subsequently he promised him to procure a visa. I find that no
contra evidence has been adduced to rebut the statutory
presumptions. In the circumstances, I find no reason to interfere in
the findings of the courts below.
All the same considering the plea of the counsel for the
petitioner, the sentence is modified to imprisonment till the rising of
the court and to pay a sum of Rs.50,000/- to the complainant under
CRRP 2273/2003 -2-
Section 357(3)Cr.P.C. less the amount already deposited, if any, and
in default to undergo simple imprisonment for three months. The
petitioner shall appear before the Judicial First Class Magistrate,
Vadakara on 16-3-2007 to receive the sentence. The Crl.revision
petition is disposed of accordingly.
K.R.UDAYABHANU, JUDGE
ks.