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M.ABDUL KAREEM, S/O.MUHAMMED KUTTY versus J.THANKCHAN(DIED), S/O.JOHN

High Court of Kerala

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M.ABDUL KAREEM, S/O.MUHAMMED KUTTY v. J.THANKCHAN(DIED), S/O.JOHN - Crl Rev Pet No. 349 of 2007 [2007] RD-KL 3129 (12 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 349 of 2007()

1. M.ABDUL KAREEM, S/O.MUHAMMED KUTTY,
... Petitioner

Vs

1. J.THANKCHAN(DIED), S/O.JOHN,
... Respondent

2. N.SOSAMMA, W/O.LATE THANKCHAN,

3. SONIA, D/O.LATE THANKACHAN,

4. SHAJAN, S/O.LATE THANKACHAN,

5. SOFIA, D/O.LATE THANKACHAN,

6. STATE OF KERALA, REPRESENTED BY THE

For Petitioner :SRI.A.R.GANGADAS

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.R.UDAYABHANU

Dated :12/02/2007

O R D E R

K.R.Udayabhanu,J.

Crl.R.P.No.349 of 2007-C

Dated, this the 12th day of February, 2007

ORDER

The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced, as modified by the learned Sessions Judge, to undergo imprisonment till the rising of the Court and to pay a compensation of Rs.32,100/- under Section 357(3) of the Code of Criminal Procedure and in default, to undergo simple imprisonment for two months.

2. It is the case of the revision petitioner that he had borrowed only Rs.10,000/- and a signed blank cheque was issued, which is allegedly misused by the complainant. It is submitted that the revision petitioner is a T.B. patient, who is unable to work and earn. The learned counsel for the revision petitioner has only sought for time to pay the compensation.

3. In the circumstances, the revision petitioner is granted six months time from today onwards to pay the amount of compensation. The conviction and sentence is confirmed. The Crl.R.P.No.349 of 2007-C - 2 - revision petitioner/accused shall appear before the Judicial First Class Magistrate-II, Palakkad on 13.8.2007 to receive the sentence. The revision petition is disposed of as above. K.R.Udayabhanu Judge vku/-


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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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