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R.SASI, PROPRIETOR, KISSAN AGENCIES versus M/S.HARITHABANDHU, TRIO CHAMBERS

High Court of Kerala

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R.SASI, PROPRIETOR, KISSAN AGENCIES v. M/S.HARITHABANDHU, TRIO CHAMBERS - Crl Rev Pet No. 1376 of 2003 [2007] RD-KL 4401 (27 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 1376 of 2003()

1. R.SASI, PROPRIETOR, KISSAN AGENCIES
... Petitioner

Vs

1. M/S.HARITHABANDHU, TRIO CHAMBERS,
... Respondent

2. STATE OF KERALA, REPRESENTED BY PUBLIC

For Petitioner :SRI.K.GOPALAKRISHNA KURUP

For Respondent :SRI.PHILIP MATHAI

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

Dated :27/02/2007

O R D E R

K.R.UDAYABHANU,J


=============
Crl.R.P.1376 OF 2003
==============

Dated this the 27th Day of February, 2007

ORDER

The revision petitioner stands convicted for the offence under Section 138 of Negotiable Instruments Act and sentenced to pay a fine of Rs.16,000/- and in default to undergo simple imprisonment for one month. It is also directed that the fine amount if recovered shall be paid to PW1 as compensation under Section 357(1) Cr.P.C. The contention of the revision petitioner is that the imposition of fine of Rs.16,000/- is beyond the jurisdiction of the Judicial First Class Magistrate Court-II, Kottayam. Evidently at the time, that is, on 31.05.1999, when the sentence was imposed by the JFCM he had no jurisdiction to impose fine of Rs.16,000/-.

2. In the circumstances, the sentence is modified to imprisonment till the rising of the court and to pay a compensation of Rs.16,000/- to the complainant under Section 357(3) of Cr.P.C and in default, to undergo simple imprisonment for one month. The Crl.R.P is disposed of accordingly.

K.R.UDAYABHANU,JUDGE

dvs


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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