IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU MONDAY, THE 26TH FEBRUARY 2007 / 7TH PHALGUNA 1928 Crl.Rev.Pet.No. 3964 of 2006(A) ------------------------------- CRA.23/2004 of SESSIONS COURT, PATHANAMTHITTA CC.206/2002 of CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA .................... REVN. PETITIONER: APPELLANT/ACCUSED. ----------------------------------------------- KOMALAN M.J. S/O.JANARDHANAN, AGED 41 YEARS MOOLACKAL HOUSE, ATHIKKAYAM P.O. RANNI, PATHANAMTHITTA. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS: COMPLAINANT. ----------------------------------- 1. M/S.SREENARAYANA TRADERS & FINANCIERS LTD., THAVALATHIL BUILDINGS, PATHANAMTHITTA, REPRESENTED BY ITS MANAGING DIRECTOR, M.K.DIVAKARAN, BY POWER OF ATTORNEY HOLDER, M.K.VARADARAJAN, MANAPPALLIL, PRAMADOM, PATHANAMTHITTA. 2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.C.S.MANILAL SRI. BREEZE M.S., PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 26/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL. R.P. NO. 3964 OF 2006 : 2: ORDER ON 11373/2006 IN CRL. R.P.NO. 3964 OF 2006 DISMISSED 26.02.2007 SD/- K.R. UDAYABHANU, JUDGE /True Copy/ P.A. to Judge. K.R. UDAYABHANU, J. -------------------------------------- CRL.R.P. NO. 3964 of 2006 A --------------------------------------- Dated this the 26th day of February, 2007 ORDER The revision petitioner stands convicted for the offence under section 138 of the Negotiable Instruments Act and sentenced to pay a fine of Rs. 2,00,000/- and in default to undergo simple imprisonment for 60 days and also with a direction that the fine amount shall be paid as compensation to PW1. On a consideration of the judgments of the courts below, I find that there is no scope for interference in view of the fact that the statutory presumptions stands unrebutted. No contra evidence has been adduced and noting has been brought out in the cross examination of PW1 to suspect his version. 2. In the circumstances, the conviction and sentence imposed is confirmed. The revision petitioner is granted six months time from today onwards to remit the fine amount less the amount if any paid to the complainant. The revision petitioner shall appear before Chief Judicial Magistrate, Pathanamthitta on 30.08.2007 to receive sentence. NBW if pending shall be kept in abeyance. The Crl. R.P is disposed of accordingly. K.R.UDAYABHANU,JUDGE. RV CRA 2