IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1817 of 2010()
1. R.RADHAKRISHNAN, RAGHU VILASOM,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. BABURAJ, S/O.KUMARAN,
For Petitioner :SRI.M.TRIPTEN
For Respondent : No Appearance
The Hon'ble MR. Justice V.K.MOHANAN
Dated :17/06/2010
O R D E R
V.K.MOHANAN, J.
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Crl.R.P.No.1817 of 2010
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Dated this the 17th day of June 2010
O R D E R
Challenging the judgment dated 12.11.2007 in
S.T.No.38/2007 of the Judicial First Class Magistrate Court-
IV, Kollam and the judgment dated 20.1.2010 of the court of
IIIrd Addl. Sessions Judge, Kollam in Crl.A.No.700/2007, the
accused in a prosecution for the offence punishable under
Sec.138 of the N.I.Act, preferred this revision petition.
2. The case of the complainant is that the accused
borrowed a sum of Rs.30,000/- from the complainant on
20.12.2003 and towards the discharge of the said amount,
Ext.P1 cheque dated 20.1.2004 was issued which when
presented for encashment dishonoured and no amount was
paid in spite of formal notice. Thus, the revision
petitioner/accused has convicted the offence. Based upon
Crl.R.P.No.1817 of 2010
: 2 :
the oral testimony of PW1 and Exts.P1 to P6 documents and
after considering the evidence of defence including the
deposition of DW1 and DW2, the trial court as well as the
lower appellate court has found that the complainant has
established his case against the accused. The above
concurrent findings of the court below is based upon the
evidence and the facts proved during the trial of the case. I
find no reason to interfere with such concurrent finding of
the court below and therefore the conviction imposed
against the revision petitioner is liable to be confirmed.
3. The learned counsel for the revision petitioner
submitted that some breathing time may be granted to the
revision petitioner to pay the compensation amount.
4. Having regard to the facts and circumstances of
the case, I am of the view that, with slight modification of
the amount of compensation, the said prayer can be
allowed. Accordingly, the revision petitioner/accused is
directed to appear before the trial court on 17th
Crl.R.P.No.1817 of 2010
: 3 :
September, 2010 to receive the sentence of imprisonment
and he is also directed to pay a sum of Rs.35,000/- as
compensation to the complainant under Sec.357(3) of
Cr.P.C. and on failure to pay the compensation, he is
directed to undergo simple imprisonment for a period of 3
months. In case of failure on the part of the revision
petitioner/accused to appear before the trial court as
directed above and making the deposit of compensation
amount, the trial court is free to take coercive steps to
secure the presence of the revision petitioner/accused and
to execute the sentence.
This revision petition is disposed of as above.
V.K.MOHANAN, JUDGE.
Jvt
