High Court Kerala High Court

Y2E Ubenm-Steady International … vs P.B.Sunil on 20 November, 2007

Kerala High Court
Y2E Ubenm-Steady International … vs P.B.Sunil on 20 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1107 of 2000()



1. Y2E UBENM-STEADY INTERNATIONAL LTD.
                      ...  Petitioner

                        Vs

1. P.B.SUNIL
                       ...       Respondent

                For Petitioner  :SRI.NAIR AJAY KRISHNAN

                For Respondent  :SRI.K.K.VIJAYAKUMAR

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :20/11/2007

 O R D E R
                      K.R.UDAYABHANU, J
                   ---------------------------------------------
                      Crl.R.P.No.1107 of 2000
                   ---------------------------------------------
              Dated this the 20th day of November, 2007



                               O R D E R

The revision petitioners who are the accused have sought

for setting aside the order of the appellate court dismissing the

appeal for default due to the non payment of batta for sending

notice. The trial court convicted the revision petitioners and

sentenced A1 company to pay a fine of Rs.5,000/- and A2, the

Managing Director of the company, is sentenced to undergo

simple imprisonment for six months and to pay a fine of

Rs.5,000/- and in default, to undergo simple imprisonment for

two months.

2. The case of the complainant is that the accused issued

a cheque for Rs.46,850/- to the complainant towards existing

liabilities and the same when presented got dishonoured for

want of funds in the account of the accused.

3. Counsel for the revision petitioners has only sought

for modification of the sentence. In the circumstances, the

sentence imposed on the second revision petitioner/A2 is

CRRP1107/2000 2

modified to imprisonment till the rising of the court and to pay a

compensation of Rs.47,000/- to the complainant and in default, to

undergo simple imprisonment for three months. The sentence

imposed on A1 is confirmed. The revision petitioners/accused is

granted four months’ time to remit the amount of compensation.

A2 shall appear before the Judicial First Class Magistrate

Court-I, Ernakulam on 19.3.2008 to receive sentence.

The criminal revision petition is disposed of accordingly.

K.R.UDAYABHANU,
JUDGE

csl