IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 232 of 2000()
1. T.K..SUKUMARAN
... Petitioner
Vs
1. P.K.KUTTAPPAN
... Respondent
For Petitioner :SRI.DINESH R.SHENOY
For Respondent :SRI.SARVOTHAMANAN
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :21/11/2007
O R D E R
K.R.UDAYABHANU, J
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Crl.R.P.No.232 of 2000
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Dated this the 21st day of November, 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 undergo S.I. for
three months and to pay a fine of Rs.5,000/- and in default, to
undergo simple imprisonment for one month.
2. The case of the complainant is that the accused issued
two cheques each for Rs.10,000/- towards discharge of the
liability for having purchased fresh fish from the complainant
and that which when presented got dishonoured for want of
funds in the account of the accused.
3. The evidence adduced in the matter consisted of the
testimony of PW1 and Exts. P1 to P5.
4. I find that PW1 has testified as to the transaction. The
documents produced including dishonour memo would show that
the cheques were dishonoured for want of funds in the account
of the accused. PW1 has testified that lawyer notice demanding
CRRP232/2000 2
the amount was sent and the same was received by the accused
and no reply notice was received. The postal receipt and
acknowledgment card were produced. I find that the execution
of the cheques stands proved. There is no rebuttal evidence and
hence the statutory presumptions stand unrebutted. I find that
there are no grounds to disturb the concurrent findings of the
court below. The conviction is confirmed.
5. The counsel has pleaded for modification of the
sentence. In the circumstances, the sentence is modified to
imprisonment till the rising of the court and to pay a
compensation of Rs.15,000/- to the complainant and in default, to
undergo simple imprisonment for three months. The revision
petitioner is granted two months’ time to remit the amount of
compensation. He shall appear before the Judicial First Class
Magistrate Court, Ettumanoor on 21.1.2008 to receive sentence.
The criminal revision petition is disposed of as above.
K.R.UDAYABHANU,
JUDGE
csl
CRRP232/2000 3
K.R.UDAYABHANU, J
Crl.R.P.No.613/1999
ORDER
19/11/2007
CRRP232/2000 4