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JOSE PHILIP versus ANSARI, S/O.PEERUMOIDEEN

High Court of Kerala

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JOSE PHILIP v. ANSARI, S/O.PEERUMOIDEEN - Crl Rev Pet No. 110 of 2007 [2007] RD-KL 462 (8 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 110 of 2007()

1. JOSE PHILIP,
... Petitioner

Vs

1. ANSARI, S/O.PEERUMOIDEEN,
... Respondent

2. STATE OF KERALA,

For Petitioner :SRI.SHIJU MATHEW

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :08/01/2007

O R D E R

R. BASANT, J.

CRL.R.P.NO. 110 OF 2007

Dated this the 8th day of January, 2007

ORDER

The petitioner has been found guilty, convicted and sentenced in a prosecution under Sec.138 of the N.I. Act. The cheque is for an amount of Rs.75,000/-. After indulgent modification of the sentence by the appellate court, the petitioner now faces a sentence of fine of Rs.75,000/- and in default, to undergo simple imprisonment for a period of three months.

2. 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 makes only one request. He submits that the petitioner may be granted some further time to make the payment and avoid the default sentence.

3. I am satisfied, in the facts and circumstances of this case, that the only request made by the learned counsel for the petitioner can be granted and the petitioner can be given reasonable time to deposit the amount of fine and avoid the CRL.R.P.NO. 110 OF 2007 -: 2 :- default sentence.

4. In the nature of the relief which I propose to grant, I am satisfied that it is not necessary to wait for issue and return of notice to the respondent/complainant in this revision petition.

5. In the result, this revision petition is dismissed; but with the observation that the default sentence shall not be enforced against the petitioner till 15/2/2007. 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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