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C.P. SAFIA versus KANJIRALA ABDUL ALI

High Court of Kerala

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C.P. SAFIA v. KANJIRALA ABDUL ALI - Crl Rev Pet No. 3228 of 2006 [2006] RD-KL 729 (13 September 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3228 of 2006()

1. C.P.SAFIA, MANAGING PARTNER,
... Petitioner

Vs

1. KANJIRALA ABDUL ALI,
... Respondent

2. STATE OF KERALA, REPRESENTED BY THE

For Petitioner :SRI.M.R.SABU

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :13/09/2006

O R D E R

R. BASANT, J.


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Crl.R.P.No. 3228 of 2006
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Dated this the 13th day of September, 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. 93,000/- and bears the date 30.10.1997. It is not disputed that Ext.P1 cheque is drawn on a cheque leaf issued to the petitioner by his bank to operate his account. There is, of course, an apology of a denial of the signature in the cheque. The notice of demand, though duly received and acknowledged, did not evoke any reply. The complainant examined himself as PW1 and proved Exts.P1 to P15. No defence evidence whatsoever was adduced by the accused.

3. The courts below, in these circumstances, concurrently came to the conclusion that the complainant has succeeded in establishing all ingredients of the offence punishable under Crl.R.P.No. 3228 of 2006 2 Section 138 of the N.I. Act. Accordingly they proceeded to pass the impugned concurrent judgments.

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 does not strain to assail the verdict of guilty, conviction, sentence or the direction for payment of compensation and default sentence. He only prays that some further time may be granted to the petitioner, a woman, to pay the amount and avoid the default sentence. In the absence of challenge on any specific ground against the verdict of guilty and conviction, I am satisfied that it is not necessary for me to advert to facts in any greater detail in this order. Having gone through the concurrent judgments, I am satisfied that the verdict of guilty, conviction, sentence and the direction for payment of compensation are all absolutely justified and unexceptionable.

5. Maximum leniency and indulgence have been shown to the petitioner and I find no space for any further leniency. I do not find any merit in the prayer for any long further time to make the payment. However it can be directed that the petitioner shall appear before the trial Crl.R.P.No. 3228 of 2006 3 court on 30.11.2006 to pay the amount and to avoid the default sentence. Till then the sentence shall not be executed. If the petitioner does not so appear, the learned Magistrate shall thereafter proceed to take necessary steps to execute the impugned sentence.

7. This revision petition is hence dismissed with the above observations/directions. (R. BASANT) Judge tm


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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