IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 3302 of 2008()
1. RAVEENDRAN @ RAVI,
... Petitioner
Vs
1. M.LATHEEF, PAZHAYA VEEDU,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.PHILIP M.VARUGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :06/11/2008
O R D E R
M. SASIDHARAN NAMBIAR, J.
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CRL.R.P. NO. 3302 OF 2008
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Dated this the 6th day of November, 2008
O R D E R
Revision petitioner is the accused and first respondent
the complainant in S.T.84 of 2005 on the file of Chief Judicial
Magistrate, Pathanamthitta. Case of the first respondent was
that petitioner borrowed Rs.16,500/- on 12.9.2004 and
Rs.5,000/- on 12.10.2004 and towards the discharge issued
Exts.P1 and P2 cheques drawn in his account maintained in
Pathanamthitta branch of Catholic Syrian Bank and the cheques
were dishonoured under Exts.P3 and P4 as the account was
closed and in spite of Ext.P6 notice served under Ext.P7,
petitioner did not pay and thereby committed the offence under
section 138 of Negotiable Instruments Act. Petitioner pleaded
not guilty. First respondent was examined as PW1 and Exts.P1
to P7 were marked. Petitioner was examined as DW1 and on his
side Exts.D1 and D2 were marked. Learned Magistrate on
evidence found the petitioner guilty. He was convicted and
sentenced to simple imprisonment for three months and a
compensation of Rs.25,000/- and in default simple imprisonment
CRRP3302/08 2
for three months. Petitioner challenged the conviction and
sentence before Sessions Court, Pathanamthitta in Crl. Appeal
246 of 2007. Learned Sessions Judge on reappreciation of
evidence confirmed the conviction but modified the sentence to
imprisonment till rising of Court and reduced the compensation
to Rs.21,500/- and in default to undergo simple imprisonment for
three months. Revision is filed challenging the conviction and
sentence.
2. Learned counsel appearing for petitioner was heard.
He did not challenge the conviction or the sentence.
3. Learned counsel only submitted that petitioner may
be granted one month time to pay compensation as directed by
Courts below. On the facts and circumstances of the case,
petitioner is granted one month time from today to pay the
compensation and to appear as prayed for by the learned
counsel. Revision is dismissed. Petitioner is directed to appear
before learned Magistrate on 16.12.2008.
M. SASIDHARAN NAMBIAR,
JUDGE
Okb/-