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C.I.GEORGE, S/O.ITTOOP, AGED 57 versus V.REGI, S/O.VASU, THAKIDIYIL HOUSE

High Court of Kerala

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C.I.GEORGE, S/O.ITTOOP, AGED 57 v. V.REGI, S/O.VASU, THAKIDIYIL HOUSE - Crl Rev Pet No. 2064 of 2007 [2007] RD-KL 8835 (29 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 2064 of 2007()

1. C.I.GEORGE, S/O.ITTOOP, AGED 57
... Petitioner

Vs

1. V.REGI, S/O.VASU, THAKIDIYIL HOUSE,
... Respondent

2. STATE OF KERALA,

For Petitioner :SRI.P.K.BEHANAN

For Respondent : No Appearance

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

Dated :29/05/2007

O R D E R

K.R.UDAYABHANU, J

CRL.R.P.No.2064 of 2007

Dated this the 29th day of May, 2007

O R D E R

The revision petitioner stands convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for one year and to pay a compensation of Rs.1,25,000/- to the complainant vide Section 357(3) of the Code of Criminal Procedure and in default, to undergo simple imprisonment for three months.

2. The contention of the revision petitioner is that the signed blank cheque kept in the pocket of his son was forcibly taken away by the complainant. Considering the evidence adduced in the matter, I find that the above contention cannot be believed as found by the courts below. Ext. D1 complaint dated 20.2.2004 in this regard filed by the accused has been made after the issuance of notice. Hence, the findings of the court below are confirmed.

3. Considering the plea of the counsel for the revision petitioner, the sentence is modified to imprisonment till the rising of the court. The rest of the sentence is confirmed. Crrp2064/2007 Page numbers Revision petitioner is granted six months' time from today onwards to pay the amount of compensation. He shall appear before the Judicial First Class Magistrate Court, Kattappana on 30.11.2007 to receive the sentence. Non bailable warrant pending, if any, shall be kept in abeyance till 30.11.2007. 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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