IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 65 of 1999()
1. SOBHANAKUMARI
... Petitioner
Vs
1. MOHANAN
... Respondent
For Petitioner :SRI.T.M.CHANDRAN
For Respondent :SRI.A.K.CHINNAN
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :31/07/2007
O R D E R
K.R.UDAYABHANU, J
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Crl.R.P.No.65 of 1999
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Dated this the 31st day of July, 2007
O R D E R
The revision petitioner is the accused who stands convicted
for the offence under Section 138 of the Negotiable Instruments
Act and sentenced, as modified by the appellate court, to pay a
fine of Rs.65,000/- and in default, to undergo simple
imprisonment for three months and out of the fine amount, if
realised, Rs.63,000/- is to be paid to the complainant.
2. The case of the complainant is that a sum of
Rs.60,000/- was borrowed and towards the discharge the
impugned cheque was issued. The cheque when presented for
encashment got dishonoured for want funds in the account of the
accused. The lawyer notice sent was not replied to nor was the
amount paid.
3. The evidence adduced in the matter consisted the
testimony of PWs’ 1 to 3 and Exts. P1 to P8. PW1 is the
complainant himself. PWs’ 2 and 3 are the bank managers who
proved the fact of presentation of cheque and the dishonour of
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the same for want of funds in the account of the accused. The
execution of the cheque was found proved from the evidence of
PW1. No contra evidence has been adduced to rebut the
statutory presumptions. I find no reasons to interfere in the
findings of the court below which are supported by proper
reasons.
4. Considering the plea of the counsel for the revision
petitioner she is granted six months’ time from today onwards to
remit the fine amount.
The revision petition is disposed of.
K.R.UDAYABHANU,
JUDGE
csl
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