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M.K. KUNHIRAMAN, S/O. KRISHNAN versus K.K. ABDUL HAMEED, S/O. SOOPPY

High Court of Kerala

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M.K. KUNHIRAMAN, S/O. KRISHNAN v. K.K. ABDUL HAMEED, S/O. SOOPPY - Crl Rev Pet No. 220 of 2002 [2007] RD-KL 5004 (8 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 220 of 2002()

1. M.K. KUNHIRAMAN, S/O. KRISHNAN,
... Petitioner

Vs

1. K.K. ABDUL HAMEED, S/O. SOOPPY,
... Respondent

2. STATE OF KERALA REP. BY THE

For Petitioner :SRI.P.S. SRDHARAN PILLAI

For Respondent :SRI.K.RAKESH ROSHAN

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

Dated :08/03/2007

O R D E R

K.R. UDAYABHANU, J.

CRL.R.P.NO.220 of 2002-A

DATED THIS THE 8TH DAY OF MARCH 2007

ORDER

The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for three months and to pay a compensation of Rs.25,000/- under Section 357(3) Cr.P.C. and in default to undergo simple imprisonment for another one month. The contention of the revision petitioner /accused is that the complainant cannot be treated as holder in due course. I find that the above contention stands disproved from the evidence of PWs. 1and 3 and the endorsement on Ext.P1, the impugned cheque. In the circumstances, I find no ground to interfere in the concurrent findings of the courts below. The cheque is for a sum of Rs.20,000/-. The proceedings were initiated in 1996. Hence, there is no reason to reduce the amount of compensation. The conviction and sentence is confirmed. The revision petitioner has sought for modification of the sentence. In the circumstances, the sentence is modified to imprisonment till the rising of the court. The rest of the sentence is sustained. The revision petitioner is granted three months time to CRRP.220/2002 -2- pay the amount of compensation, less the amount, if any , already deposited. The revision petitioner/accused shall appear before the Judicial Magistrate of First Class, Nadapuram on 14-6-2007 to receive sentence. The Crl.revision petition is disposed of accordingly.

K.R.UDAYABHANU, JUDGE

ks. CRRP.220/2002 -3-

K.R.UDAYABHANU, J

CRL.R.P.NO. 220 OF 2002-A

ORDER

8-3--2007


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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