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BABU versus MUHAMMED HAJI

High Court of Kerala

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BABU v. MUHAMMED HAJI - Crl Rev Pet No. 771 of 1998 [2007] RD-KL 3414 (15 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 771 of 1998()

1. BABU
... Petitioner

Vs

1. MUHAMMED HAJI
... Respondent

For Petitioner :SRI.J.JULIAN XAVIER

For Respondent :SRI.K.K.MOHAMED RAVUF

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

Dated :15/02/2007

O R D E R

K.R. UDAYABHANU, J.

CRL.R.P.NO.771 of 1998

DATED THIS THE 15TH 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 appellate court, to undergo simple imprisonment for one month and to pay a compensation of Rs. 25,000/- to the complainant under Section 357(3) Cr.P.C. and in default to undergo simple imprisonment for three moths. On a consideration of the evidence adduced in the matter, I find that there is no ground at all to interfere in the orders of the court below. At the instance of the prosecution, PWs.1 and 2 were examined and EXts.P1 to P6 were marked . No contra evidence was adduced. Hence the statutory presumption stands unrebutted. Considering the plea of the revision petitioner, the sentence is modified to imprisonment till the rising of the court. The rest of the sentence is confirmed. The revision petitioner shall appear before the Judicial Magistrate of the First Class, Chavakkad on 14-3-2007. The Crl.revision petition is disposed of accordingly.

ks. K.R.UDAYABHANU, JUDGE

CRMC -2- ks.


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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