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A. SELVAN versus E.T. GEEVARGHESE

High Court of Kerala

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A. SELVAN v. E.T. GEEVARGHESE - Crl Rev Pet No. 3641 of 2006 [2006] RD-KL 1238 (18 October 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3641 of 2006()

1. A.SELVAN, S/O.ELIYASAN,
... Petitioner

Vs

1. E.T.GEEVARGHESE, S/O.THOMAS,
... Respondent

2. STATE OF KERALA,

For Petitioner :SRI.J.DEVADANAM

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :18/10/2006

O R D E R

R. BASANT, J.

CRL.R.P.NO. 3641 OF 2006

Dated this the 18th day of October, 2006

ORDER

This revision petition is directed against a concurrent verdict of guilty, conviction and sentence in a prosecution under Sec.138 of the N.I. Act.

2. The cheque is for an amount of Rs.75,000/-. It bears the date 16/2/2003. The petitioner now faces a sentence of imprisonment till rising of court and to pay the actual cheque amount of Rs.75,000/- as compensation and in default, to undergo simple imprisonment for a period of three months.

3. Signature in the cheque is admitted. Notice of demand, though duly received and acknowledged, did not evoke any response. The complainant examined himself as P.W.1 and proved Exts.P1 to P6. The accused did not adduce any defence evidence.

4. The courts below came to the conclusion that the complainant has succeeded in establishing all the ingredients of the offence punishable under Sec.138 of the N.I. Act. Accordingly, the courts below proceeded to pass the CRL.R.P.NO. 3641 OF 2006 2 impugned concurrent judgments.

5. Called upon to explain the nature of the challenge which the petitioner wants to mount against the impugned concurrent judgments, the learned counsel for the petitioner does not strain to assail the verdict of guilty, conviction, sentence, direction for payment of compensation or the default sentence. The counsel makes a short request that the petitioner may be given three months further time to pay the amount and avoid the default sentence.

6. Having gone through the impugned concurrent judgments, I reckon that as an informed and fair stand taken by the learned counsel for the petitioner. In the absence of challenge on any specific grounds, it is not necessary for me to advert to the facts in any greater detail in this order. Suffice it to say that the verdict of guilty and conviction are found to be absolutely justified and unexceptionable.

7. Leniency and indulgence to the extent possible have already been shown to the petitioner by the courts below. I find no space for any further leniency. I do not find much merit in the prayer for any long further period of time to pay the amount and avoid the default sentence. However, I am satisfied that the CRL.R.P.NO. 3641 OF 2006 3 petitioner can be granted time till 30/12/2006 to appear before the learned Magistrate to serve the impugned sentence.

8. In the result, this revision petition is dismissed; but with the observation that the sentence shall not be executed till 30/12/2006. The petitioner shall appear before the learned Magistrate on 30/12/2006. If the petitioner does not appear before the learned Magistrate as directed, the learned Magistrate shall thereafter proceed to execute the impugned sentence. Sd/-

(R. BASANT, JUDGE)

Nan/ //true copy// P.S. to Judge CRL.R.P.NO. 3641 OF 2006 4


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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