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K. IBRAHIM versus T.D. JAINAN

High Court of Kerala

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K. IBRAHIM v. T.D. JAINAN - Crl Rev Pet No. 3015 of 2006 [2006] RD-KL 733 (13 September 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 3015 of 2006()

1. K. IBRAHIM, S/O. AYAMU, AGED 48 YEARS,
... Petitioner

Vs

1. T.D. JAINAN, S/O. DHARANENDRAN,
... Respondent

2. THE STATE OF KERALA,

For Petitioner :SRI.C.A.CHACKO

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. 3015 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. 40,000/- and bears the date 11.2.1999. The signature in the cheque is admitted. The notice of demand was duly received and acknowledged. It succeeded only in evoking Ext.P6 reply. The amount was not paid. The complainant examined himself as PW1 and proved Exts.P1 to P8. The accused examined the father of the complainant as DW1 and the Manager of the Bank as DW2. Exts.D1 and D2 were also marked. It was contended that the cheque was not issued for the due discharge of any legally enforcible debt/liability.

3. The courts below, in these circumstances, concurrently came to the conclusion that the complainant has succeeded in Crl.R.P.No. 3015 of 2006 2 establishing all ingredients of the offence punishable under 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 and conviction on merits. He only prays that leniency may be shown on the question of sentence and some further time may be granted to the petitioner 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 and conviction are absolutely justified and unexceptionable.

5. Maximum leniency and indulgence have been shown to the petitioner and I find no reason for any further leniency. The complainant has been compelled to wait from 1999 and to fight two rounds of legal Crl.R.P.No. 3015 of 2006 3 battle for the redressal of his grievances. 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 court on 15.11.2006 to pay the amount and to avoid the default sentence. Till then the sentence shall not be executed. If the fine amount is not paid by then, the learned Magistrate shall 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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