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Kerala High Court

Biju.V.K vs A.K.Philip on 26 July, 2007

Author: J.B.Koshy

Bench: J.B.Koshy

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl Rev Pet No. 737 of 1999()



1. BIJU.V.K.
                      ...  Petitioner

                        Vs

1. A.K.PHILIP
                       ...       Respondent

                For Petitioner  :SRI.ASOK M.CHERIAN

                For Respondent  :SRI.T.S.RAJAN

The Hon'ble MR. Justice J.B.KOSHY

 Dated :26/07/2007

 O R D E R
                         J.B.KOSHY, J.
                  -------------------------------
             Criminal.R.P.No.737 OF 1999 ()
                -----------------------------------
          Dated this the 26th day of July, 2007

                           O R D E R

Petitioner was convicted for offences punishable under Section 138 of the Negotiable Instruments Act on the ground that cheque for an amount of Rs.7,500/- issued by him was dishonored for "insufficiency of funds". He was convicted for a period of three months and to pay a fine of Rs.7,500/-. In default of payment of fine he was directed to undergo Simple Imprisonment for one month. Fine was paid. There was a direction to give the cheque amount to the complainant. It is stated that fine amount was paid and he has undergone imprisonment of part of the period till stay was issued by this Court in Crl.M.P.No.3323/1999. Since the cheque amount was equal to the fine amount, I reduce the sentence while confirming the conviction. Sentence is modified as fine of Rs.7,500/-. He has already suffered sentence. With the above CR.R.P.737/1999 2 modification of the sentence this revision petition is partly allowed.

J.B.KOSHY, JUDGE prp J.B.KOSHY

--------------------------

Criminal.R.P.737 OF 1999

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O R D E R 26th July, 2007