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THOMAS JOSEPH, S/O. JOSEPH versus MAJU JOHN, S/O. JOHN

High Court of Kerala

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THOMAS JOSEPH, S/O. JOSEPH v. MAJU JOHN, S/O. JOHN - Crl Rev Pet No. 788 of 2007(E) [2007] RD-KL 4140 (23 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 788 of 2007(E)

1. THOMAS JOSEPH, S/O. JOSEPH,
... Petitioner

Vs

1. MAJU JOHN, S/O. JOHN,
... Respondent

2. STATE OF KERALA,

For Petitioner :SRI.S.RAJEEV

For Respondent :PUBLIC PROSECUTOR

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

Dated :23/02/2007

O R D E R

K.R.UDAYABHANU, J

CRL.R.P.No.788 of 2007

Dated this the 23rd day of February, 2007

ORDER

Revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced, modified by the appellate court, to undergo imprisonment till the rising of the court and to pay fine of Rs.65,000/- to the complainant and in default, to undergo simple imprisonment for one month vide Section 357(1) of Code of Criminal Procedure and that out of the fine amount, complainant is entitled to get a sum of Rs.60,000/-.

2. Counsel for the revision petitioner has only sought for modification of the sentence and time to make the payment. In the circumstances, sentence is modified to imprisonment till the rising of the court and to pay compensation of Rs.60,000/- to the complainant vide Section 357(3) of Code of Criminal Procedure and in default, to undergo simple imprisonment for a period of three months. Revision petitioner is granted four months' time CRRP788/2007 Page numbers to pay the amount of compensation. He shall appear before the Court of Chief Judicial Magistrate, Thodupuzha, Muttom on 28.6.2007 to receive the sentence. The Criminal Revision Petition is disposed of as above. K.R.UDAYABHANU,

JUDGE

csl


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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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