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HUSSAIN, S/O. KUNHI MUHAMMED MASTER versus GANGADHARAN, S/O. NARAYANAN NAIR

High Court of Kerala

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HUSSAIN, S/O. KUNHI MUHAMMED MASTER v. GANGADHARAN, S/O. NARAYANAN NAIR - Crl Rev Pet No. 554 of 2007 [2007] RD-KL 4866 (7 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 554 of 2007()

1. HUSSAIN, S/O. KUNHI MUHAMMED MASTER,
... Petitioner

Vs

1. GANGADHARAN, S/O. NARAYANAN NAIR,
... Respondent

2. STATE OF KERALA, REPRESENTED BY

For Petitioner :SRI.D.ROBINSON

For Respondent :PUBLIC PROSECUTOR

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

Dated :07/03/2007

O R D E R

K.R.UDAYABHANU, J

CRL.R.P.No.554 of 2007

Dated this the 7th day of March, 2007

ORDER

Revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced, as modified by the appellate court, to imprisonment till the rising of the court and to pay a compensation of Rs.40,000/- vide Section 357(3) of Code of Criminal Procedure and in default, to undergo simple imprisonment for a period of two months.

2. The findings are concurrent. The contentions of the revision petitioner is that he was forcibly taken to the local office of the C.M.P., a political party and that he was compelled to execute two cheques for a sum of Rs.40,000/- each. According to him, he had filed a complaint before the local police station and subsequently also filed a complaint before the Chief Judicial Magistrate. The evidence adduced in support of the above contention is the testimony of DW1, the accused himself and Ext. D1 refer notice. The court below have found that the above evidence is hardly sufficient to rebut the statutory presumptions. CRRP554/2007 Page numbers He had not sent reply to the lawyer notice received. He has not summoned the documents from the police station wherein he has lodged a complaint. He has not summoned or examined any witnesses in support of his version. According to him, the cheques were got executed by one Azeez. He has not taken any steps to summon the above Azeez. In the light of the evidence before the court below as discussed in the judgments of the courts below, I find that there is no scope for interference. In the circumstances, revision petition is liable to be dismissed at the threshold.

3. All the same, considering the plea of the counsel for the revision petitioner, the revision petitioner is granted six months' time from today onwards to deposit the amount of compensation. He shall appear before J.F.C.M., Koilandy on 6.9.2007 to receive the sentence. The criminal revision petition is disposed of as above. K.R.UDAYABHANU,

JUDGE

csl


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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