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K.O.DEVASSIA, KALLUVETTAMKUZHIYIL versus JOY GEORGE, S/O.GEORGE

High Court of Kerala

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K.O.DEVASSIA, KALLUVETTAMKUZHIYIL v. JOY GEORGE, S/O.GEORGE - Crl Rev Pet No. 322 of 2007 [2007] RD-KL 1673 (22 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 322 of 2007()

1. K.O.DEVASSIA, KALLUVETTAMKUZHIYIL
... Petitioner

Vs

1. JOY GEORGE, S/O.GEORGE,
... Respondent

2. STATE OF KERALA, REPRESENTED BY

For Petitioner :SRI.MOHAN IDICULLA ABRAHAM

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :22/01/2007

O R D E R

R. BASANT, J.

CRL.R.P.NO. 322 OF 2007

Dated this the 22nd day of January, 2007

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.1 lakh. It bears the date 14/9/2000. After indulgent modification of the sentence by the appellate court, the petitioner now faces a sentence of imprisonment till rising of court and a direction to pay an amount of Rs.1 lakh as compensation and in default, to undergo simple imprisonment for a period of three months.

3. 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 only prays that reasonable further time may be granted to the petitioner to make the payment and avoid the default sentence. No other contentions are raised at all.

4. I am satisfied that the stand taken by the learned CRL.R.P.NO. 322 OF 2007 -: 2 :- counsel for the petitioner is fair and reasonable. A detailed reference to the facts is not necessary as virtually no challenge is raised. Suffice it to say that the verdict of guilty, conviction and sentence are absolutely justified.

5. There is no merit in the prayer for any long further period of time. However, I am satisfied that the petitioner can be granted time till 28/2/2007 to pay the entire amount and avoid the default sentence.

6. In the result, this Crl.R.P. is dismissed. But it is directed that the impugned sentence shall not be executed prior to 28/2/07. The petitioner shall appear before the learned Magistrate on that day. If he does not appear as directed, the learned Magistrate shall thereafter take steps to execute the impugned sentence. Sd/-

(R. BASANT, JUDGE)

Nan/ //true copy// P.S. to Judge


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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