High Court Kerala High Court

V.Venugopal vs C.K.Sharafudheen on 29 August, 2006

Kerala High Court
V.Venugopal vs C.K.Sharafudheen on 29 August, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 2980 of 2006()


1. V.VENUGOPAL, AGED  YEARS,
                      ...  Petitioner

                        Vs



1. C.K.SHARAFUDHEEN, AGED   YEARS,
                       ...       Respondent

2. STATE OF KERALA, REP. BY

                For Petitioner  :SRI.MANJERI SUNDERRAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :29/08/2006

 O R D E R
                                 R. BASANT, J.
                          - - - - - - - - - - - - - - - - - - - -
                         Crl.R.P.No.  2980 of   2006
                         -  - - - -  - - - - - - - - - - - - - - -
                 Dated this the  29th day of   August, 2006


                                     O R D E R

This revision petition is directed against a concurrent verdict

of guilty, conviction and sentence in a prosecution under Section 138

of the N.I. Act.

2. The cheque is for an amount of Rs. 18,000/- The

signature in the cheque is not disputed. The short contention raised

by the petitioner is that the cheque was not issued to the

complainant, but to his brother; not for the discharge of any legally

enforcible debt/liability, but as security. The complainant examined

himself as PW1 and the Manager of the drawee bank as PW2.

Exts.P1 to P6 were marked. A witness was examined on the side

of the accused. He is the brother of the complainant, to whom the

cheque was allegedly handed over. He did not support the defence

case.

3. The courts below, in these circumstances, concurrently

Crl.R.P.No. 2980 of 2006 2

came to the conclusion that the complainant has succeeded in

establishing all ingredients of the offence punishable under Section 138

of the N.I. Act. The appellate court indulgently modified the sentence

and the petitioner now faces a sentence of imprisonment till rising of court

and to pay the actual cheque amount of Rs.18,000/- as compensation and in

default to undergo S.I. for a period of one month.

4. Called upon to explain the nature of challenge which the

petitioner wants to mount against the impugned concurrent judgments, the

learned counsel for the petitioner only prays that the petitioner may be

granted some further time for making the payment of compensation and

thus avoid the default sentence. No other contentions are raised. Having

gone through the impugned judgments and after discussions at the Bar, I

reckon that as an informed and fair stand taken by the petitioner. I am

satisfied that the verdict of guilty and conviction are absolutely justified and

unexceptionable. The sentence imposed is also absolutely reasonable and

does not call for interference at all.

5. However it can be directed that the petitioner shall appear

before the trial court on 31.10.2006 to serve the impugned sentence.

Crl.R.P.No. 2980 of 2006 3

Till then the sentence shall not be executed. If the petitioner does not so

appear, the learned Magistrate shall thereafter take necessary steps to

execute the impugned sentence.

6. This revision petition is hence dismissed with the above

observations/directions.

(R. BASANT)
Judge

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