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SANTHOSH P. CHACKO, PALLITHAZHE HOUSE versus STATE OF KERALA

High Court of Kerala

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SANTHOSH P. CHACKO, PALLITHAZHE HOUSE v. STATE OF KERALA - Crl Rev Pet No. 2826 of 2006 [2006] RD-KL 796 (18 September 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 2826 of 2006()

1. SANTHOSH P.CHACKO, PALLITHAZHE HOUSE,
... Petitioner

Vs

1. STATE OF KERALA REPRESENTED BY
... Respondent

2. SUNNY PHILIP,

For Petitioner :SRI.R.REJI

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :18/09/2006

O R D E R

R. BASANT, J.


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Crl.R.P.No. 2826 of 2006
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Dated this the 18th 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. 35,000/- and bears the date 4.6.2002. The appellate Judge 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.35,000/- as compensation and in default to undergo S.I. for a further period of one month.

3. The signature in the cheque is admitted. Handing over of the cheque is also admitted. The notice of demand, though duly received and acknowledged, did not evoke any response. The complainant examined himself as PW1 and proved Exts.P1 to P6. The accused did not adduce any evidence - oral or documentary. It was contended that the cheque was not issued for the due discharge Crl.R.P.No. 2826 of 2006 2 of any legally enforcible debt/liability, but was issued only as security for a different transaction for a lesser amount, which liability had been discharged also.

4. 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 Section 138 of the N.I. Act. Accordingly they proceeded to pass the impugned concurrent judgments.

5. 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 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 Crl.R.P.No. 2826 of 2006 3 absolutely justified and unexceptionable.

6. 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 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 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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