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V.PRABHAKARAN versus STATE OF KERALA

High Court of Kerala

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V.PRABHAKARAN v. STATE OF KERALA - Crl Rev Pet No. 334 of 2000 [2007] RD-KL 14527 (30 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 334 of 2000()

1. V.PRABHAKARAN
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SRI.RAJIT

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.B.KOSHY

Dated :30/07/2007

O R D E R

J.B.KOSHY, J.

Crl.R.P.No.334 OF 2000 Dated 30th July, 2007

ORDER

The revision petitioner borrowed an amount of Rs.35,000/= from the complainant. In discharge of the above debt, a cheque dated 15.12.1995 was issued by him. The above cheque was dishonoured for insufficiency of funds. After complying with all legal formalities, the complaint was filed. Apart from the complainant, the Bank Manager was also examined. No evidence was adduced on behalf of the revision petitioner. From the evidence available in the case, the trial court found him guilty under Section 138 of the Negotiable Instruments Act and convicted and sentenced him to undergo simple imprisonment for six months. In appeal, the sentence was modified and instead of six month's imprisonment, he was sentenced to undergo imprisonment for three days and to pay a compensation of Rs.40,000/= under Section 357(3) of the Code of Criminal Procedure with a default sentence of simple imprisonment for three months. It was also directed that if the amount was realised, Rs.37,000/= shall be paid to the complainant as compensation. Both courts meticulously considered the evidence and imposed the sentence. I see no ground to interfere with the Crl.R.P.334/2000 2 conviction and sentence imposed on the petitioner. This order is certified to the trial court for implementation within two months. The revision petition is dismissed. J.B.KOSHY Judge tks


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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